WSR 02-19-072

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 02-234 -- Filed September 13, 2002, 4:43 p.m. ]

Date of Adoption: September 13, 2002.

Purpose: Amend commercial fishing rules.

Citation of Existing Rules Affected by this Order: Repealing 220-88C-04000A and 220-88C-04000B; and amending 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: This regulation is needed to match action taken by the National Marine Fisheries Service to conserve the pilchard resource. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 2.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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

September 13, 2002

J. P. Koenings

Director


NEW SECTION
WAC 220-88C-04000C   Coastal pilchard fishery -- Seasons and areas.   Notwithstanding the provisions of WAC 220-88C-040:

(1) Effective 11:59 p.m. September 13, 2002 until further notice, it is unlawful to land or possess pilchard in excess of 45% of the total combined landed weight of pilchard and mackerel for those fishers holding trial commercial fishery permit for pilchard.

(2) Effective immediately until further notice, it is unlawful to deliver pilchard or mackerel taken under a trial commercial fishery permit to other than shore-side location.

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REPEALER

     The following sections of the Washington Administrative Code are repealed:
WAC 220-88C-04000A Coastal pilchard fishery -- Seasons and lawful catch. (02-127)
WAC 220-88C-04000B Coastal pilchard fishery -- Seasons and areas. (02-229)

Washington State Code Reviser's Office