WSR 97-20-034

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

(Fisheries)

[Order 97-200--Filed September 23, 1997, 4:41 p.m., effective September 24, 1997, 6:00 p.m.]

Date of Adoption: September 23, 1997.

Purpose: Commercial fishing regulations.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-36-02300W; and amending WAC 220-36-023.

Statutory Authority for Adoption: RCW 75.08.080.

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: There are sufficient numbers of harvestable fish remaining in Grays Harbor Salmon Management and Catch Reporting Area 2C to allow for a one day fishery. There is insufficient time to promulgate 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 1, amended 0, repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.

Effective Date of Rule: September 24, 1997, 6:00 p.m.

September 23, 1997

Dirk Brazil

for Bern Shanks

Director

NEW SECTION

WAC 220-36-02300W Grays Harbor salmon--Fall fishery. Notwithstanding the provisions of WAC 220-36-023, it is unlawful to fish for or possess salmon taken from Grays Harbor for commercial purposes except as provided for in this section:

Fishing period

(1) Gill net gear may be used to fish for salmon from 6:00 p.m. September 24 to 6:00 p.m. September 25, 1997, in Salmon Management and Catch Reporting Area 2C.

(2) Gill net gear shall be used as provided for in WAC 220-36-015, except that it shall not contain mesh smaller than 8 inches.

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REPEALER

The following section of the Washington Administrative Code is repealed effective 6:01 p.m. September 25, 1997: