WSR 03-01-032

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 02-294 -- Filed December 6, 2002, 2:48 p.m. , effective December 7, 2002, 8:00 a.m. ]

     Date of Adoption: December 6, 2002.

     Purpose: Amend commercial fishing rules.

     Citation of Existing Rules Affected by this Order: Repealing WAC 220-47-31100J, 220-47-41100I, 220-47-31100K and 220-47-41100J; and amending WAC 220-47-311 and 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: Hatchery egg take needs have been met and harvestable fish continue to be present in the area. The treaty and nontreaty catch are balanced at this time and the Tulalip Tribe will continue to fish through 12:00 noon on December 9, 2002. 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 0, Repealed 4.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: December 7, 2002, 8:00 a.m.

December 6, 2002

J. P. Koenings

Director


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

     (1) Effective 8:00 a.m. through 4:00 p.m. December 9, 2002, Area 8D is open to purse seines.

     (2) Effective immediately through 4:00 p.m. December 6, 2002, that portion of Area 7B east of a line from Post Point to the flashing red light at west entrance to Squalicum Harbor is open to purse seines 24 hours per day 7 days per week.

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NEW SECTION
WAC 220-47-41100J   Gill net -- Open periods.   Notwithstanding the provisions of WAC 220-47-411:

     (1) Effective 8:00 a.m. December 7, 2002 through 6:00 p.m. December 9, 2002, Area 8D is open to gill nets using 6-1/4 inch minimum mesh.

     (2) Effective immediately through 4:00 p.m. December 6, 2002, that portion of Area 7B east of a line from Post Point to the flashing red light at west entrance to Squalicum Harbor is open to gill nets, using 6-1/4 inch minimum mesh, 24 hours per day 7 days per week.

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REPEALER

     The following sections of the Washington Administrative Code are repealed:
WAC 220-47-31100J Purse seine -- Open periods. (02-289)
WAC 220-47-41100I Gill net -- Open periods. (02-289)

     The following sections of the Washington Administrative Code are repealed effective 6:01 p.m. December 9, 2002:


WAC 220-47-31100K Purse seine -- Open periods. (02-294)
WAC 220-47-41100J Gill net -- Open periods. (02-294)

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