WSR 08-23-020

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 08-288 -- Filed November 6, 2008, 4:29 p.m. , effective November 10, 2008, 6:00 p.m. ]


Effective Date of Rule: November 10, 2008, 6:00 p.m.

Purpose: Amend commercial rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-40-02700J; and amending WAC 220-40-027.

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: The depth restriction was changed by agreement during preseason North of Falcon negotiations and was omitted from the permanent rules. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: November 6, 2008.

J. P. Koenings

Director


NEW SECTION
WAC 220-40-02700J   Salmon -- Willapa Bay fall fishery.   Notwithstanding the provisions of WAC 220-40-027, it is unlawful to violate the following provisions, provided that unless otherwise amended, all permanent rules remain in effect:

(1) Gill net gear restrictions - All areas.

(a) Immediately through November 30, 2008: 9-inch minimum mesh; except 6:00 p.m. November 10 through 6:00 p.m. November 14, 2008 (coho directed), use either 6-inch maximum mesh or 9-inch maximum mesh. Only one net of either 6-inch or 9-inch configuration not to exceed 1,500 feet may be on board the vessel when in the act of fishing.

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REPEALER


The following section of the Washington Administrative Code is repealed effective December 1, 2008:


WAC 220-40-02700J Salmon -- Willapa Bay fall fishery.

Washington State Code Reviser's Office