WSR 07-08-061

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 07-51 -- Filed March 29, 2007, 11:32 a.m. , effective April 1, 2007 ]


Effective Date of Rule: April 1, 2007.

Purpose: Amend commercial fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-88C-03000F; and amending WAC 220-88C-030.

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 were filed on March 27, 2007, and will not become effective until after the season opens on April 1, 2007. This emergency rule is interim until permanent rules take effect on April 26, 2007.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: March 28, 2007.

J. P. Koenings

Director


NEW SECTION
WAC 220-88C-03000F   Eligibility to participate in the coastal pilchard fishery.   Notwithstanding the provisions of WAC 220-88C-030:

(1) Effective April 1, 2007, until further notice, a coastal pilchard experimental fishery permit will be issued only to a natural person who:

(a) Held such a permit or held a replacement permit the pervious year.

(b) Has purchased an emerging commercial fisheries license by April 1st.

(c) Has an ownership interest of at least fifty percent in the vessel designated on the emerging commercial fishery license.

(2) A coastal pilchard replacement permit will only be issued to a natural person who:

(a) Has an ownership interest of at least fifty percent in a vessel that was designated on a Washington coastal pilchard experimental fishery permit in 2004 or 2005.

(b) Has purchased an emerging commercial fisheries license by August 1, 2006.

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REPEALER


The following section of the Washington Administrative Code is repealed effective April 26, 2007:


WAC 220-88C-03000F Eligibility to participate in the coastal pilchard fishery.

Washington State Code Reviser's Office