WSR 12-02-001

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 11-315 -- Filed December 21, 2011, 2:04 p.m. , effective December 22, 2011 ]


     Effective Date of Rule: December 22, 2011.

     Purpose: Amend commercial fishing rules.

     Citation of Existing Rules Affected by this Order: Amending WAC 220-52-069.

     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: Harvest quotas for pink scallops and spiny scallops have not been determined through a treaty and nontreaty harvest management plan. Therefore, the department must prohibit the commercial take of these species in Puget Sound for the time being. 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

     Date Adopted: December 21, 2011.

Lori Preuss

for Philip Anderson

Director


NEW SECTION
WAC 220-52-06900F   Scallop fishery -- Puget Sound.   Notwithstanding the provisions of WAC 220-52-069, effective December 22, 2011, until further notice, it is unlawful to take or possess pink scallops and spiny scallops for commercial purposes in waters of Puget Sound.

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