WSR 09-20-013

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 09-226 -- Filed September 25, 2009, 3:55 p.m. , effective September 26, 2009 ]


     Effective Date of Rule: September 26, 2009.

     Purpose: Amend commercial fishing rules.

     Citation of Existing Rules Affected by this Order: Repealing WAC 220-47-30700F, 220-47-31100B and 220-47-42800D; and amending WAC 220-47-307, 220-47-311, and 220-47-428.

     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: Harvestable surpluses of coho are diminishing, and to ensure minimal impacts to Endangered Species Act-listed summer chum, a closure is necessary in Salmon Management and Catch Reporting Area 12A. Also, two vessels have been added to the limited participation salmon net fisheries in Salmon Management and Catch Reporting Area 8A. 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 3, Amended 0, Repealed 3.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 25, 2009.

Lori Pruess

for Philip Anderson

Director


NEW SECTION
WAC 220-47-30700F   Closed areas--Puget Sound salmon.   Notwithstanding the provisions of WAC 220-47-307, effective September 28, 2009, it is permissible for the vessels "Sea Pride" and "Haida Warrior" to fish in waters of Puget Sound Salmon Management and Catch reporting Area 8A southerly of a line projected from the Clinton ferry dock to the Mukilteo ferry dock.

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NEW SECTION
WAC 220-47-31100B   Puget Sound purse seine fishery.   Notwithstanding the provisions of WAC 220-47-311 and WAC 220-47-500, it is permissible for the vessels "Sea Pride" and "Haida Warrior" to participate in the Purse seine fishery in Puget Sound Salmon Management and Catch Reporting Area 8A on September 28 and October 5, 2009.

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NEW SECTION
WAC 220-47-42800D   Puget Sound beach seine fishery.   Notwithstanding the provisions of WAC 220-47-428, effective September 26, through September 29, 2009, it is unlawful to take or fish for salmon for commercial purposes with beach seine gear in those waters of Puget Sound Management and Catch Reporting Area 12A.

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REPEALER


     The following section of the Washington Administrative Code is repealed effective September 29, 2009:

WAC 220-47-30700F Closed areas -- Puget Sound salmon.

     The following section of the Washington Administrative Code is repealed effective October 6, 2009:


WAC 220-47-31100B Puget Sound purse seine fishery.

     The following section of the Washington Administrative Code is repealed effective September 30, 2009:

WAC 220-47-42800D Puget Sound beach seine fishery.

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