WSR 07-21-112

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 07-263 -- Filed October 20, 2007, 11:21 a.m. , effective October 20, 2007, 11:21 a.m. ]


Effective Date of Rule: Immediately.

Purpose: To repeal emergency rules affecting commercial salmon fisheries in Puget Sound. Permanent rules (WSR 07-20-006) for these fisheries became effective today, eliminating the need for the emergency rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-47-00100A, 220-47-30200B, 220-47-31000A, 220-47-31100M, 220-47-32500B, 220-47-40100B, and 220-47-41100N.

Statutory Authority for Adoption: RCW 77.12.047 and 77.04.020.

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 emergency rules (WSR 07-17-103) purposefully omitted an area of fishing that the permanent rules (WSR 07-20-006) purposefully include. These permanent rules incorporate the recommendations of the North of Falcon subgroup of the Pacific Fisheries Management Council to take harvestable salmon while protecting species of fish listed as endangered.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 7.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: October 20, 2007.

Loreva M. Preuss

for Jeff Koenings

Director


REPEALER

     The following sections of the Washington Administrative Code are repealed:
WAC 220-47-00100A Puget Sound salmon -- Quick reporting.
WAC 220-47-30200B Puget Sound -- Lawful gear -- Gill net.
WAC 220-47-31000A Puget Sound net seasons -- Time.
WAC 220-47-31100M Purse seine -- Open periods.
WAC 220-47-32500B Purse seine -- Release of incidentally caught fish.
WAC 220-47-40100B Reef net open periods.
WAC 220-47-41100N Gill net -- Open periods.

Washington State Code Reviser's Office