WSR 98-01-110

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[Order 97-240--Filed December 17, 1997, 3:50 p.m.]

Date of Adoption: December 16, 1997.

Purpose: Amend commercial fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-48-01500D; and amending WAC 220-48-015 and 220-69-240.

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 opening in Areas 20A, 20B, 21A, 22A and 22B are needed to comply with the Order Granting Stay, Waters v. Dept. Fish and Wildlife, Whatcom County Superior Court Cause No. 97-2-01911-3 (December 16, 1997). The sale reporting requirement is to allow the department to determine if the catch per unit effort reduction reflected in cod landings is the result of a lower population of cod or the result of sorting cod aboard catching vessels. By requiring sale of all cod taken, the question of at-sea discards will be resolved. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 2, amended 0, repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.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

December 16, 1997

Dirk Brazil

for Bern Shanks

Director

NEW SECTION

WAC 220-48-01500E Bottom trawl seasons. Notwithstanding the provisions of WAC 220-48-015, effective immediately until further notice in Marine Fish Management and Catch Reporting Areas 20A, 20B, 21A, 22A and 22B, it is unlawful to fish for or possess bottom fish taken with bottom trawl gear except that it is lawful to use such gear and retain bottom fish taken in waters forty fathoms and deeper. All Pacific cod taken in this fishery must be retained by the catching vessel and delivered to a licensed Washington wholesale dealer. It is unlawful to discard any Pacific cod taken in this fishery.

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NEW SECTION

WAC 220-69-24000H Duties of commercial purchasers. Notwithstanding the provisions of WAC 220-69-240, effective immediately until further notice all wholesale dealers receiving Pacific cod from Marine Fish Management and Catch Reporting Areas 20A, 20B, 21A, 22A and 22B must record the entire amount of Pacific cod delivered by the harvesting vessel on a State of Washington fish receiving ticket. Adjustments for non-marketable Pacific cod may be reflected on the ticket, but the total number of fish and pounds is required for every delivery.

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REPEALER

The following section of the Washington Administrative Code is repealed: