WSR 98-02-039

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[Order 98-03--Filed January 2, 1998, 4:22 p.m.]

Date of Adoption: January 2, 1998.

Purpose: Commercial fishing regulations.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-48-00500F; and amending WAC 220-48-005.

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: Pacific cod in Puget Sound are on a quota system for 1998. Retention of all cod requiring dealers to show entire amount delivered will provide quota data necessary for management. The sablefish vessel trip and two-month cumulative limits conform to ocean catch restrictions for management of the sablefish stock in a consistent manner. This rule is necessary for the conservation of depressed lingcod stocks in the Pacific Ocean and Catch Reporting Area 29. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 1, amended 0, repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.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

January 2, 1998

Elyse Kane

for Bern Shanks

Director

NEW SECTION

WAC 220-48-00500G Puget Sound bottomfish--General provisions. Notwithstanding the provisions of WAC 220-48-005, effective immediately until further notice:

(1) It is unlawful to discard Pacific cod taken in any open Puget Sound Marine Fish-Shellfish Management and Catch Reporting Areas, and all Pacific cod that are harvested must be delivered to a licensed wholesale dealer.

(2) It is unlawful to possess any lingcod less than 24 inches in length taken by any commercial gear in all state waters east of the Bonilla-Tatoosh line.

(3) It is unlawful to take more than 300 pounds of sablefish from the waters of Puget Sound in any vessel trip, and a vessel trip is defined as having occurred upon the initiation of transfer of catch from the harvesting vessel.

(4) It is unlawful for any harvesting vessel to take more than 600 pounds of sablefish during the periods January 1, 1998, through February 28, 1998, and March 1, 1998, through April 30, 1998.