WSR 01-18-064

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 01-192 -- Filed August 31, 2001, 3:03 p.m. , effective September 1, 2001, 12:01 a.m. ]

Date of Adoption: August 31, 2001.

Purpose: Personal use fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-62100E and 232-28-62100F; and amending WAC 232-28-621.

Statutory Authority for Adoption: RCW 77.12.047.

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: Consistent with the stipulations and court order concerning comanagement and mass marking (United States District Court, 1997), WDFW and the Tulalip Tribe require additional time to resolve a dispute regarding non-Indian fishing within Tulalip Bay. These waters will remain closed while the Tulalip Terminal Area Fishery remains open. There is insufficient time to promulgate this rule using the permanent rules process.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 2.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: September 1, 2001, 12:01 a.m.

August 31, 2001

J. P. Koenings

Director


NEW SECTION
WAC 232-28-62100F   Puget Sound salmon seasons.   Notwithstanding the provisions of WAC 232-28-621 effective September 1 through September 30, 2001, those waters of Catch Record Card Area 8-2 east of a line from Mission Point to Hermosa Point are closed to salmon fishing.

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REPEALER


The following section of the Washington Administrative Code is repealed effective 12:01 a.m. September 1, 2001:


WAC 232-28-62100E Puget Sound salmon seasons. (01-149)

The following section of the Washington Administrative Code is repealed effective 12:01 a.m. October 1, 2001:


WAC 232-28-62100F Puget Sound salmon seasons.

Washington State Code Reviser's Office