WSR 06-13-040

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 06-140 -- Filed June 15, 2006, 4:00 p.m. , effective June 16, 2006, 12:01 a.m. ]


Effective Date of Rule: June 16, 2006, 12:01 a.m.

Purpose: Amend commercial fishing rules.

Citation of Existing Rules Affected by this Order: Amending WAC 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: Permanent rules close Puget Sound to set line fishing on June 16. There is a harvest surplus of dogfish available and this rule change is needed to provide an opportunity to harvest these fish. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: June 15, 2006.

Evan Jacoby

for Jeff Koenings

Director


NEW SECTION
WAC 220-48-03200G   Set line -- Seasons.   Notwithstanding the provisions of WAC 220-48-032, effective 12:01 a.m. June 16, 2006 until further notice, it is lawful to fish with set line gear for dogfish and other bottomfish in all Puget Sound Marine Fish-Shellfish Management and Catch Reporting Areas except as provided for in this section:

(1) It is unlawful to take, fish for, and possess dogfish and other bottomfish taken with set lines in:

(a) That portion of Area 26C north of a line projected due east from Point Bolin to Bainbridge Island is closed all year.

(b) That portion of Area 26D south of lines projected due west of Point Dalco on Vashon Island, and from Dash Point to Point Piner on Maury Island, is closed all year.

(c) That portion of Area 28A east of a line projected due north from the northwest tip of Fox Island, and north of a line projected due east from Fox Point on Fox Island is closed all year.

(d) Those waters provided for in WAC 220-20-010(6) and 220-20-020(4).

(e) Marine Fish-Shellfish Management and Catch Reporting Areas 27A, 27B and 27C.

(2) Incidental catch: It is unlawful to retain lingcod, yelloweye or canary rockfish. It is unlawful to retain fish other than bottomfish and unlawful to retain more than 30 pounds of rockfish other than canary or yelloweye rockfish per vessel trip.

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Washington State Code Reviser's Office