WSR 03-21-025

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 03-261 -- Filed October 7, 2003, 3:17 p.m. , effective October 12, 2003, 12:01 a.m. ]

     Date of Adoption: October 7, 2003.

     Purpose: Amend commercial fishing rules.

     Citation of Existing Rules Affected by this Order: 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 action implements reporting requirements previously negotiated during the Pacific Fisheries Management Council and North of Falcon preseason planning meetings and during the August 2, 2003, Fish and Wildlife Commission meeting. The provision allows for in season evaluation of the expanded gill net fisheries in those areas. Although, this requirement was previously announced to the commercial fishing community in the June 18, 2003, commercial mail out it was not incorporated into the permanent Washington Administrative Code. 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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

October 7, 2003

Evan Jacoby

for Jeff Koenings

Director


NEW SECTION
WAC 220-47-41100K   Gill net -- Open periods.   Notwithstanding the provisions of WAC 220-47-411, effective 12:01 a.m. October 12, 2003 until further notice, it is unlawful to take, fish for or possess salmon taken with gill net gear, for commercial purposes in Puget Sound Salmon Management and Catch Reporting Areas 8A, 10, 11, 12 and 12B unless the gill net license holder provides the department with 24-hour notice prior to each day of fishing. The daily fishing notice to the department must include the gill net license holder's name, telephone number where they can be contacted and the area they will be fishing. The notice must be given by one of the following three means:

     (a) Fax transmission to 360-902-2949;

     (b) E-mail to psfishtickets@dfw.wa.gov; or

     (c) Toll-free telephone call to 1-866-791-1279

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