Date of Adoption: June 13, 2003.

     Purpose: Amend commercial fishing regulations.

     Citation of Existing Rules Affected by this Order: Amending WAC 220-48-029 and 220-48-032.

     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: The reason for this request is that a harvestable surplus of dogfish exists. The catch of dogfish in 2003 is below the harvest guideline. An anticipated catch sharing plan with tribal governments has not been finalized. 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: June 16, 2003, 12:01 a.m.

June 13, 2003

Evan Jacoby

     for Jeff Koenings

Director

     (a) Areas 23C, 23D, 24A, 24B, 24D, 27A, 27B, 27C and 29 - Open until further notice.

     (b) Area 24C - Open until further notice, except those waters south of a line projected due east of East Point on Whidbey Island are closed until further notice.

     (c) Areas 25A, 25B and that portion of Area 25C west of a line from Twin Spits to the Port Gamble Millstack - open until further notice.

     (d) Area 26A - Open until further notice, except those waters southerly and westerly of a line between the ferry dock at Mukilteo and the ferry dock at Clinton are closed until notice.

     (e) Area 26B - Open until further notice, except those waters provided for in WAC 220-20-020(4) (Shilshole Bay) are closed at all times. Those waters west of a line projected 178 degrees true from the end of the Indianola dock to the landfall on the south shore of Port Madison are closed until further notice.

     (f) Area 26C - Open until further notice, except those waters north of a line projected true east of Point Bolin and those waters west of a line projected 178 degrees true from the end of the Indianola dock to the landfall on the south shore of Port Madison are closed until further notice.

     (g) Area 26D - Open until further notice, except Quartermaster Harbor and those waters south of lines projected from Dash Point to Point Piner on Maury Island and from Point Dalco true west to the Kitsap Peninsula are closed until further notice.

     (h) Area 28A - Open until further notice, except those waters north of a line projected true east of Fox Point on Fox Island, and east of a line projected due north from the northwest tip of Fox Island are closed until further notice.

     (i) Areas 28B, 28C, and 28D - Closed until further notice, except those waters provided for in WAC 220-20-010(6) upper Carr Inlet).

     (2) Incidental catch: It is unlawful to retain any shellfish or fish other than bottomfish.

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     Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.

     Reviser's note: The unnecessary underscoring in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.

[NEW SECTION]WAC 220-48-03200A   Set line -- Seasons.   Notwithstanding the provisions of WAC 220-48-032, effective 12:01 a.m. June 16, 2003 until further notice all Puget Sound Marine Fish-Shellfish Management and Catch Reporting Areas are open to Set line fishing for dogfish, except closed waters provided for in WAC 220-48-032.

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

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