WSR 12-22-043

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 12-260 -- Filed November 2, 2012, 3:24 p.m. , effective November 2, 2012, 3:24 p.m. ]


     Effective Date of Rule: Immediately.

     Purpose: Amend commercial fishing rules.

     Citation of Existing Rules Affected by this Order: Repealing WAC 220-47-31100X and 220-47-41100M; and amending WAC 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 allocation has been caught so an emergency rule is needed to close Salmon Management and Catch Reporting Areas 12, 12B and 12C to commercial purse seines and gillnets. 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 0, Repealed 2.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: November 2, 2012.

Joe Stohr

for Philip Anderson

Director


NEW SECTION
WAC 220-47-31100X   Purse seines -- Open periods.   Notwithstanding the provisions of WAC 220-47-311, effective immediately until further notice, it is unlawful to fish for commercial purposes with purse seine gear in Salmon Management and Catch Reporting Areas 12, 12B and 12C.

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NEW SECTION
WAC 220-47-41100M   Gillnet -- Open periods.   Notwithstanding the provisions of WAC 220-47-411, effective immediately until further notice, it is unlawful to fish for commercial purposes with gillnet gear in Salmon Management and Catch Reporting Areas 12, 12B and 12C.

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REPEALER


     The following section of the Washington Administrative Code is repealed effective November 21, 2012:


WAC 220-47-31100X Purse seines -- Open periods.

     The following section of the Washington Administrative Code is repealed effective November 22, 2012:


WAC 220-47-41100M Gillnets -- Open periods.