WSR 02-13-051

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 02-127 -- Filed June 13, 2002, 2:41 p.m. , effective June 17, 2002, 12:01 a.m. ]

     Date of Adoption: June 13, 2002.

     Purpose: Amend commercial fishing rules.

     Citation of Existing Rules Affected by this Order: Amending WAC 220-88C-040.

     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: Shore-side processors have made significant investments in capital equipment to help develop this fishery. Allowing at sea deliveries will undermine this capital investment in infrastructure. In addition, at sea deliveries will encourage the participation of nonpermitted and unobserved vessels, make moot catch accounting procedures, and increase the absolute rate of quota attainment. 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: June 17, 2002, 12:01 a.m.

June 13, 2002

Jim Lux

for Jeff Koenings

Director


NEW SECTION
WAC 220-88C-04000A   Coastal pilchard fishery -- Seasons and lawful catch.   Notwithstanding the provisions of WAC 220-88C-040, effective 12:01 a.m. June 17, 2002 until further notice, it is unlawful to deliver pilchard (sardine) to other than a shore-side location.

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