WSR 02-21-085

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 02-258 -- Filed October 18, 2002, 4:11 p.m. ]

     Date of Adoption: October 18, 2002.

     Purpose: Amend commercial fishing rules.

     Citation of Existing Rules Affected by this Order: Repealing WAC 220-47-31100C and 220-47-31100D; and amending WAC 220-47-311.

     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: It is estimated the first purse seine opening in Area 7 and 7A resulted in a catch of approximately 41,000 chum. This leaves 19,000 remaining in the nontreaty allocation of 60,000. Leaving the purse seine fishery open for an additional day will likely result in harvest levels in excess of the agreed allocation. 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 2.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

     Other Findings Required by Other Provisions of Law as Precondition to Adoption or Effectiveness of Rule: [No information supplied by agency.]
     Effective Date of Rule: Immediately.

October 18, 2002

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 220-47-31100D   Purse seine -- Open periods.   Notwithstanding the provisions of Chapter 220-47-311:

     (1) Effective immediately until further notice, it is unlawful to retain coho salmon taken with purse seine gear in Salmon Management and Catch Reporting Areas 7, 7A, 8A, 10, 11, 12, 12B, and 12C.

     (2) Effective 7:00 a.m. through 6:00 p.m. Tuesday, October 22, 2002 Areas 7 and 7A are closed to purse seines.

[]


REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 220-47-31100C Purse seine -- Open periods. (00-250)

     The following section of the Washington Administrative Code is repealed effective 11:59 p.m. December 6, 2002:


WAC 220-47-31100D Purse seine -- Open periods.

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