WSR 05-16-125

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 05-163 -- Filed August 3, 2005, 10:22 a.m. , effective August 3, 2005 ]


Purpose: Amend fishing rules.

Citation of Existing Rules Affected by this Order: Amending WAC 220-72-089.

Statutory Authority for Adoption: RCW 77.12.240.

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 discovery of this [Denman Island] Disease requires prompt action to prevent the further spread of this shellfish disease into other areas of Washington. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: August 2, 2005.

J. P. Koenings

Director


NEW SECTION
WAC 220-72-08900D   Denman Island Disease prohibited areas.   Notwithstanding the provisions of WAC 220-72-089, effective immediately until further notice, the following are new Denman Island Disease prohibited areas;

(a) Carr Inlet -- Northerly of a line projected from the northern tip of South Head on Key Peninsula to the most western point of Green Point.

(b) Eld Inlet -- Southerly of a line projected due north from the northern most point of Cooper Point to the mainland at Edgewater Beach.

(c) Port Orchard -- Southerly of a line projected from Battle Point projected due west to the mainland; westerly of a line projected from Point White due south to the mainland; and westerly of a line projected from the southern most point of Point Herron due south to the mainland.

(d) Kilisut Harbor -- Southerly of a line projected from the north easterly most point on Indian Island north to the most north westerly point of Marrowstone Island.

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Washington State Code Reviser's Office