WSR 02-21-010

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 02-251 -- Filed October 4, 2002, 2:06 p.m. ]

     Date of Adoption: October 4, 2002.

     Purpose: Amend commercial fishing rules.

     Citation of Existing Rules Affected by this Order: Repealing WAC 220-47-41100C; and amending WAC 220-47-411.

     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 emergency rule is needed to correct an error in the permanent gill net rules for Area 6D that says chum salmon can be kept after October 15, 2002. Chum salmon conservation plans for Dungeness Bay stipulate release of these fish throughout the entire open commercial gill net fishing season in Area 6D. This emergency change for gill net rules in Area 6D will rectify that problem. 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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

October 4, 2002

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 220-47-41100C   Gill net--Open periods.   Notwithstanding the provisions of WAC 220-47-411, effective immediately until further notice, it is unlawful to retain chum salmon taken in Area 6D. Chum salmon are required to be removed from the net by cutting the meshes ensnaring the fish.

[]


[REPEALER]


     The following section of the Washington Administrative Code is repealed effective 7:01 p.m. October 25, 2002:


WAC 220-47-41100C Purse seine--Open periods.

     Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.

© Washington State Code Reviser's Office