WSR 12-17-011

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 12-169 -- Filed August 1, 2012, 4:07 p.m. , effective August 1, 2012, 4:07 p.m. ]


     Effective Date of Rule: Immediately.

     Purpose: Amend commercial fishing rules.

     Citation of Existing Rules Affected by this Order: Amending WAC 220-20-010.

     Statutory Authority for Adoption: RCW 77.12.047 and 77.04.020.

     Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.

     Reasons for this Finding: ESB 5661 modifies RCW 77.12.870 which establishes mandatory reporting of lost or abandoned commercial net gear. These rules are needed to implement the program and are currently being adopted by the department. These rules are interim until permanent rules take effect.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

     Date Adopted: August 1, 2012.

Philip Anderson

Director


NEW SECTION
WAC 220-20-01000F   General provisions -- Lawful and unlawful acts.   Notwithstanding the provisions of WAC 220-20-010, effective immediately until further notice, it is unlawful for any person who loses or abandons commercial net fishing gear (e.g. trawl, gill, seine, lampara, reef) within the waters of the state to fail to:

     (1) Contact the Department of Fish and Wildlife within 24 hours of the loss by phone at 855-542-3935 or online at http://wdfw.wa.gov/fishing/derelict/; and

     (2) Provide the following required information:

     Type of gear

     General location

     Latitude (if known)

     Longitude (if known)

     Estimated water depth

     Date lost

     Time lost

     Name

     Telephone number

     E-mail address (if available)

     (3) Failing to report lost or abandoned commercial net gear is punished as an infraction under RCW 77.15.160.

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     Reviser's note: The unnecessary underscoring in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.