WSR 97-24-016

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

(Fisheries)

[Order 97-234--Filed November 21, 1997, 4:17 p.m., effective November 25, 1997, 12:01 a.m.]

Date of Adoption: November 21, 1997.

Purpose: Commercial fishing regulations.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-48-01500C and 220-48-01500D; and amending WAC 220-48-015.

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: The north Puget Sound bottomfish trawl fishery targets multiple species, among which is Pacific cod. Previously this year the deep water portions of these areas closed upon expected attainment of the allowable catch quota. A shallow water area fishery in these areas was continued upon a by-catch quota of Pacific cod of 5,000 pounds. This quota was based upon our best estimates of the historical catches, fishery performance and the reduced status of the Pacific cod stock. As the shallow water quota number was approached, the landings of Pacific cod dropped abruptly and essentially disappeared from the landed catches. Either the Pacific cod stocks are in worse condition than estimated or at sea discards are occurring to circumvent the closure upon attainment of the quota. Under either scenario, the fishery should be closed to provide protection to Pacific cod stocks. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 1, amended 0, repealed 2.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.

Effective Date of Rule: November 25, 1997, 12:01 a.m.

November 21, 1997

Bern Shanks

Director

NEW SECTION

WAC 220-48-01500D Bottom trawl seasons. Notwithstanding the provisions of WAC 220-48-015, effective 12:01 a.m. November 25, 1997 through 11:59 p.m. December 31, 1997, it is unlawful to fish for or possess bottomfish taken for commercial purposes with bottom trawl gear in Marine Fish-Shellfish Management and Catch Reporting Areas 20A, 20B, 21A, 22A, and 22B.

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REPEALER

The following section of the Washington Administrative Code is repealed:

WAC 220-48-01500C Bottom trawl fishery. (97-147)

The following section of the Washington Administrative Code is repealed effective 11:59 p.m. December 31, 1997: