WSR 02-23-017

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 02-280 -- Filed November 8, 2002, 5:00 p.m. ]

     Date of Adoption: November 8, 2002.

     Purpose: Amend commercial fishing rules.

     Citation of Existing Rules Affected by this Order: Amending WAC 220-44-050.

     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: While all bottom trawling is currently prohibited inside the DBCA (Darkblotched Conservation Area), the council is allowing a midwater trawl fishery in the area during the months of November and December. To determine which vessels in the area are fishing legally a declaration process is necessary. 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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

November 8, 2002

J. P. Koenings

Director


NEW SECTION
WAC 220-44-05000Q   Coastal bottomfish -- Declaration process.   Notwithstanding the provisions of WAC 220-44-050, effective immediately until further notice the following rules apply:

     (1) Washington trawl vessels wishing to participate in the midwater fishery for widow and yellowtail rockfish within the currently closed area between 100 and 250 fathoms must declare their intent to do so according to the following procedure:

     (a) At least 48 hours prior to fishing, a vessel representative must call the Washington Department of Fish and Wildlife's trawl declaration hotline at (360) 249-4628 ext. 275 and provide the following information:

     Vessel name

     Anticipated fishing dates

     Whether fishing will occur north or south of Destruction Island, Washington.

     (2) At the conclusion of the midwater fishing trip, the vessel representative must again call the hotline at least 24 hours prior to landing and declare the port, buyer, date and

time that offloading of the trip will occur. If, after a fishing trip is declared, the vessel is unable to make the trip due to adverse weather or other extenuating circumstances, the vessel representative should call the hotline and declare the trip to be canceled.

     (3) Each participating vessel is limited to two fishing trips during the November-December period.

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