WSR 12-19-002

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 12-201 -- Filed September 5, 2012, 3:51 p.m. , effective September 5, 2012, 3:51 p.m. ]


     Effective Date of Rule: Immediately.

     Purpose: Amend commercial fishing rules.

     Citation of Existing Rules Affected by this Order: Repealing WAC 220-47-31100V and 220-47-41100D; and amending WAC 220-47-311 and 220-47-411.

     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: The department identified a small error in WAC 220-47-311 and 220-47-411. This emergency rule amends the permanent rules so that they are correct. There is insufficient time to adopt a permanent rule to make these corrections.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 0, Repealed 2.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: September 5, 2012.

Philip Anderson

Director


NEW SECTION
WAC 220-47-31100V   Purse seine -- Open periods.   Notwithstanding the provisions of WAC 220-47-311, effective immediately until further notice, it is unlawful to retain coho salmon taken with purse seine gear through September 8, 2012, in Puget Sound Salmon Management and Catch Reporting Areas 7B and 7C.

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NEW SECTION
WAC 220-47-41100D   Gillnet -- Open periods.   Notwithstanding the provisions of WAC 220-47-411, effective immediately until further notice, it is permissible to take, fish for, or possess salmon taken with gillnet gear for commercial purposes from the following designated Puget Sound Salmon Management and Catch Reporting Areas during the times indicated below and with the minimum mesh size indicated below. Unless otherwise amended, all permanent rules remain in effect.


Open

Area

 Open Period Minimum Mesh Size
7B, 7C Immediately 9/5/12 through 7 AM 9/7/12 7 inches.

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REPEALER


     The following section of the Washington Administrative Code is repealed effective September 9, 2012:


WAC 220-47-31100V Purse seine -- Open periods.


     The following section of the Washington Administrative Code is repealed effective 7:01 a.m. September 7, 2012:


WAC 220-47-41100D Gillnet -- Open periods.