WSR 10-14-023

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 10-165 -- Filed June 25, 2010, 1:24 p.m. , effective July 1, 2010 ]


Effective Date of Rule: July 1, 2010.

Purpose: Amend commercial fishing rules.

Citation of Existing Rules Affected by this Order: Amending WAC 220-49-057.

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: This emergency rule modifies the weekly open period and places a prohibition on nighttime fishing for the Puget Sound commercial smelt fishery in order to reduce conflicts between commercial smelt fishers, homeowners and recreational smelt fishers. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: June 25, 2010.

Philip Anderson

Director


NEW SECTION

WAC 220-49-05700A   Smelt fishing--Weekly periods.   Notwithstanding the provisions of WAC 220-49-057, effective July 1, 2010, until further notice, it is unlawful to fish for smelt for commercial purposes in Puget Sound except as provided for in this section:

(1) Open weekly from 8:00 a.m. Sunday to 10:00 p.m. Thursday, except Marine Fish Shellfish Management and Catch Reporting Areas 24A and 24C open weekly from 8:00 a.m. Monday to 10:00 p.m. Thursday. It is unlawful to possess smelt taken for commercial purposes during the closed period.

(2) It is unlawful to operate commercial smelt gear from one hour after official sunset to one hour before official sunrise.

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Washington State Code Reviser's Office