WSR 03-19-087

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 03-238 -- Filed September 12, 2003, 4:22 p.m. , effective September 15, 2003, 12:01 a.m. ]

     Date of Adoption: September 12, 2003.

     Purpose: Amend personal use fishing rules.

     Citation of Existing Rules Affected by this Order: Amending WAC 220-56-230, 220-56-270, 220-56-267, and 220-56-390.

     Statutory Authority for Adoption: RCW 77.12.047.

     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: These changes are needed to protect species of bottomfish, forage fish, smelt and herring in Hood Canal. Hood Canal is experiencing low levels of dissolved oxygen which is stressing these fish and shellfish species and may be increasing mortality rates. The department in conjunction with the Department of Ecology will continue to monitor water quality in the canal. The closure will remain in effect as long as the dissolved oxygen levels remain at harmful levels. There is insufficient time to promulgate permanent regulations.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 4, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
     Effective Date of Rule: September 15, 2003, 12:01 a.m.

September 12, 2003

Evan Jacoby

for Jeff Koenings

Director


NEW SECTION
WAC 220-56-23000B   Bottomfish -- Closed areas.   Notwithstanding the provisions of WAC 220-56-230, effective 12:01 a.m. September 15, 2003 until further notice, it is unlawful to fish for or possess bottomfish taken for personal in those waters of Catch Record Card Area 12.

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     Reviser's note: The typographical error 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.
NEW SECTION
WAC 220-56-27000Q   Smelt -- Areas and seasons.   Notwithstanding the provisions of WAC 220-56-270, effective 12:01 a.m. September 15, 2003, until further notice, it is unlawful to fish for or possess smelt taken for personal use in those waters of Catch Record Area 12.

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NEW SECTION
WAC 220-56-26700A   Herring -- Areas and seasons,   Notwithstanding the provisions of WAC 220-56-270, effective 12:01 a.m. September 15, 2003, until further notice, it is unlawful to fish for or posses herring taken for personal use in those waters of Catch Record Area 12.

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     Reviser's note: The typographical errors in the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.
NEW SECTION
WAC 220-56-39000A   Squid, octopus.   Notwithstanding the provisions of WAC 220-56-390, effective 12:01 a.m. September 15, 2003, until further notice, it is unlawful to fish for or possess squid and octopus taken for personal use in those waters of Catch Record Area 12.

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