WSR 12-21-015

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 12-237 -- Filed October 5, 2012, 5:23 p.m. , effective October 7, 2012, 6:00 p.m. ]


     Effective Date of Rule: October 7, 2012, 6:00 p.m.

     Purpose: Amend commercial fishing rules.

     Citation of Existing Rules Affected by this Order: Repealing WAC 220-40-02700R; and amending WAC 220-40-027.

     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: Catch and sampling information to date suggests that the chum salmon return is sufficiently in excess of preseason expectation. This action is consistent with the Willapa Bay salmon management plan in that harvest during this management period is coho direct and coho predominate the catch. The vast majority of chum likely to be harvested during this time frame are anticipated to be males. There is insufficient time to adopt permanent rules.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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

Lisa M. Veneroso

for Philip Anderson

Director


NEW SECTION
WAC 220-40-02700R   Salmon -- Willapa Bay fall fishery.   Notwithstanding the provisions of WAC 220-40-027, it is unlawful to violate the following provisions, provided that unless otherwise amended, all permanent rules remain in effect:

     (1) Effective 6:00 p.m. October 7 through 6:00 p.m. October 13, 2012, it is permissible to retain chum salmon in all areas.

[]


REPEALER


     The following section of the Washington Administrative Code is repealed effective 6:01 p.m. October 13, 2012:


WAC 220-40-02700R Salmon -- Willapa Bay fall fishery.