WSR 08-24-016

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 08-296 -- Filed November 21, 2008, 1:51 p.m. , effective November 21, 2008, 1:51 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 of chum salmon remain in Salmon Management and Catch Reporting Area 8D. There is insufficient time to adopt 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 0, Repealed 2.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 21, 2008.

J. P. Koenings

Director


NEW SECTION
WAC 220-47-31100Y   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 24 and 26, 2008, it is unlawful to fish in Salmon Management and Catch Reporting Area 8D.

(3) 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 4:00 p.m. November 25, 2008.

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

[]


NEW SECTION
WAC 220-47-41100D   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) Effective November 27, 2008, it is unlawful to fish in Salmon Management and Catch Reporting Area 8D.

(3) 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 6:00 p.m. November 24 and 26, 2008, and 7:00 a.m. to 4:00 p.m. November 28, 2008.

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

[]


REPEALER

     The following sections of the Washington Administrative Code are repealed:
WAC 220-47-31100X Puget Sound purse seine fishery. (08-293)

WAC 220-47-41100C Puget Sound gill net fishery. (08-293)

Washington State Code Reviser's Office