WSR 08-23-060

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 08-293 -- Filed November 14, 2008, 3:51 p.m. , effective November 14, 2008, 3:51 p.m. ]


Effective Date of Rule: Immediately.

Purpose: Amend commercial fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-47-31100X and 220-47-41100C; and amending WAC 220-47-311 and 220-47-411.

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: Harvestable shares remain in Salmon Management and Catch Reporting Areas 8D, 12 and 12B. Schedules have been adjusted to accommodate tribal fisheries and attain shares. The allowable harvest limits in Salmon Management and Catch Reporting Areas 8A, 10 and 11 have been reached. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 0, Repealed 2.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 14, 2008.

J. P. Koenings

Director


NEW SECTION
WAC 220-47-31100X   Puget Sound purse seine fishery.   Notwithstanding the provisions of WAC 220-47-311:

(1) Effective immediately until further notice, it is unlawful to fish in Salmon Management and Catch Reporting Areas 8A, 10 and 11 for commercial purposes.

(2) Effective November 17, 2008, it is unlawful to fish in Salmon Management and Catch Reporting Areas 12 and 12B.

(3) It is permissible to take, fish for, or possess salmon taken for commercial purposes in Puget Sound Management and Catch Reporting Areas 12 and 12B, 7:00 a.m. to 5:00 p.m. November 19, 2008.

(4) Effective November 19, 2008, it is unlawful to fish in Salmon Management and Catch Reporting Area 8D.

(5) It is permissible to take, fish for, or possess salmon taken for commercial purposes in Puget Sound Management and Catch Reporting Area 8D, 7:00 am. to 5:00 p.m. November 17, 2008.

(6) Unless otherwise amended, all permanent rules remain in effect.

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NEW SECTION
WAC 220-47-41100C   Puget Sound gill net fishery.   Notwithstanding the provisions of WAC 220-47-411:

(1) Effective immediately until further notice, it is unlawful to fish in Salmon Management and Catch Reporting Areas 8A, 10 and 11 for commercial purposes.

(2) It is permissible to take, fish for, or possess salmon taken for commercial purposes in Puget Sound Management and Catch Reporting Areas 12 and 12B, 7:00 a.m. to 7:00 p.m. November 18, 2008.

(3) Effective November 19, 2008, it is unlawful to fish in Salmon Management and Catch Reporting Areas 12 and 12B.

(4) Effective November 19, 2008, it is unlawful to fish in Salmon Management and Catch Reporting Area 8D.

(5) It is permissible to take, fish for, or possess salmon taken for commercial purposes in Puget Sound Management and Catch Reporting Area 8D, 7:00 a.m. to 7:00 p.m. November 18 and 20, 2008.

(6) Unless otherwise amended, all permanent rules remain in effect.

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REPEALER


The following section of the Washington Administrative Code is repealed effective November 27, 2008:


WAC 220-47-31100X Puget Sound purse seine fishery.

The following section of the Washington Administrative Code is repealed effective November 29, 2008:


WAC 220-47-41100C Puget Sound gill net fishery.

Washington State Code Reviser's Office