EMERGENCY RULES
FISH AND WILDLIFE
Date of Adoption: November 20, 2003.
Purpose: Amend commercial fishing rules.
Citation of Existing Rules Affected by this Order: Amending WAC 220-52-046.
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 state may not authorize commercial shellfish harvest absent agreed planning or compliance with a process. The provisions of this rule are in conformity with agreed plans with applicable tribes, which have been entered as required by the court order. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.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Repealed 0;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Repealed 0;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Repealed 0.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:
December 1, 2003.
November 20, 2003
Evan Jacoby
for Jeff Koenings
Director
(1) The following areas are closed until further notice:
(a) Coastal waters between 47°40.50'N and 47°58.00'N, and east of a line described by the following points:
Southern point (Destruction Island): 47°40.50'N 124°40.00'W
Northern point (Cape Johnson): 47°58.00'N 124°48.00'W
(b) Coastal waters between 47°09.00'N and 47°21.00'N, and east of a line described by the following points:
Southwest point (Copalis Rock area): 47°09.00'N 124°24.00'W
Northwest point: (mouth of Quinault river): 47°21.00'N 124°30.00'W
(2) The following area is closed from January 7, 2004 through March 9, 2004:
(a) Coastal waters between 48°07.50'N and 48°22.86'N, and east of a line described by the following points:
Southwest point: 48°07.50'N 124°51.50'W
Northwest point: 48°20.00'N 124°50.00'W
Cape Flattery: 48°22.86'N 124°43.83'W
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