WSR 02-19-039

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 02-227 -- Filed September 10, 2002, 4:22 p.m. ]

Date of Adoption: September 10, 2002.

Purpose: Amend commercial fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-47-40100D; and amending WAC 220-47-401.

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: These rules implement reef net fishery plans as approved by the National Marine Fisheries Service on September 5, 2002. These plans allow collection of data to determine the stock composition of chum taken in Area 7 and 7A reef nets during this time period. This information is essential for evaluating fishing regulations on ESA listed summer chum in this area. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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.

September 10, 2002

J. P. Koenings

Director


NEW SECTION
WAC 220-47-40100D   Reef net open periods.   Notwithstanding the provisions of WAC 220-47-401, effective September 16, 2002 through September 30, 2002, it is unlawful to take, fish for or possess salmon taken with reef net gear for commercial purposes in Puget sound except Puget Sound Salmon Management and Catch Reporting Areas 7 and 7A are open from 7:00 a.m. to 7:00 p.m. daily. It is unlawful to retain chinook or wild coho. All other saltwater and freshwater areas are closed.

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Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
REPEALER


The following section of the Washington Administrative Code is repealed effective 12:01 a.m. October 1, 2002:


WAC 220-47-40100D Reef net open periods.

Washington State Code Reviser's Office