WSR 09-19-023

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 09-200 -- Filed September 4, 2009, 3:27 p.m. , effective September 4, 2009, 3:27 p.m. ]


Effective Date of Rule: Immediately.

Purpose: Amend commercial fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-47-41100H; and amending WAC 220-47-411 and 220-47-307.

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: Harvestable surplus of coho salmon are available for harvest. Agreement over scheduling of commercial gill net fisheries in Area 12A has been reached with tribal comanagers. Modifying fishing dates in Area 7B was necessary for enforcement purposes. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: September 4, 2009.

Lori Preuss

for Philip Anderson

Director


NEW SECTION
WAC 220-47-30700E   Closed areas -- Puget Sound salmon.   Notwithstanding the provisions of WAC 220-47-307, effective immediately until further notice, it is unlawful to take, fish for or possess salmon taken for commercial purposes with gill net gear in those waters of Puget Sound Salmon Management and Catch Reporting Area 12A south of a line from Point Whitney to Tabook Point.

[]


NEW SECTION
WAC 220-47-41100H   Puget Sound gill net fishery.   Notwithstanding the provisions of WAC 220-47-411, effective immediately it is unlawful to take, fish, for or possess salmon taken for commercial purposes with gill net gear in those waters of Puget Sound Management Catch Reporting Areas 7B and 12A, except as provided:

(1) Area 7B - Open 7:00 a.m. September 6 through 7:00 a.m. September 7, 2009;

7:00 a.m. September 8 through 7:00 a.m. September 9, 2009;

7:00 a.m. September 10 through 7:00 a.m. September 11, 2009.

(2) Area 12A - Open 7:00 a.m. September 9 through 7:00 a.m. September 10, 2009.

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

[]

Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
REPEALER


The following section of the Washington Administrative Code is repealed effective 7:01 a.m. September 11, 2009:


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

Washington State Code Reviser's Office