WSR 05-16-028

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 05-155 -- Filed July 26, 2005, 3:50 p.m. , effective July 26, 2005 ]


Purpose: Clarify barbed hook sport rules in Areas 5 through 13.

Citation of Existing Rules Affected by this Order: Amending WAC 220-56-116.

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: A county prosecutor has raised the question of whether the barbless hook requirement in Puget Sound for fish other than forage fish is enforceable under the current language. This rule clarifies the intent of the rule. Permanent rules are being promulgated, and this interim rule will cover the period until the permanent rules take effect.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 1, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: July 26, 2005.

J. P. Koenings

Director


NEW SECTION
WAC 220-56-11600A   Saltwater hook rules.   Notwithstanding the provisions of WAC 220-56-116, effective immediately until further notice:

(1) It is unlawful to fish for salmon in Catch Record Card areas 1 through 4 except with single point barbless hooks, other than in the Westport and Ocean Shores boat basins, which have special terminal gear restrictions as provided for in WAC 220-56-123.

(2) It is unlawful to fish in Catch Record Card Areas 5 through 13 using barbed hooks, or to possess fish taken from Catch Record Card Areas 5 through 13 while fishing with barbed hooks, except that is it is lawful to use barbed hooks with forage fish jigger gear and to possess forage fish taken with barbed hooks on forage fish jigger gear.

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Washington State Code Reviser's Office