WSR 10-16-047

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 10-191 -- Filed July 27, 2010, 2:03 p.m. , effective July 28, 2010, 12:01 a.m. ]


Effective Date of Rule: July 28, 2010, 12:01 a.m.

Purpose: Amend commercial fishing rules.

Citation of Existing Rules Affected by this Order: Amending WAC 220-48-015, 220-48-029, 220-48-032, 220-48-071, 220-49-056, and 220-52-069.

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 change is needed to comply with provisions of the Endangered Species Act (ESA). On July 27, 2010, a federal decision to list two species of rockfish as threatened, and one species of rockfish as endangered in Puget Sound will become effective. The intent of this regulation is to comply with the ESA and to protect the listed species from capture in the specified fisheries. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 6, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: July 27, 2010.

Lori Preuss

for Philip Anderson

Director


NEW SECTION
WAC 220-48-01500B   Beam trawl and bottom trawl -- Seasons.   Notwithstanding the provisions of WAC 220-48-015, effective 12:01 a.m. July 28, 2010, until further notice, all waters of Puget Sound are closed to fishing using bottom trawl gear.

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NEW SECTION
WAC 220-48-02900H   Set net -- Dogfish -- Seasons.   Notwithstanding the provisions of WAC 220-48-029, effective 12:01 a.m. July 28, 2010, until further notice, all waters of Puget Sound are closed to fishing using dogfish set net gear.

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NEW SECTION
WAC 220-48-03200J   Set line -- Seasons.   Notwithstanding the provisions of WAC 220-48-032, effective 12:01 a.m. July 28, 2010, until further notice, all waters of Puget Sound are closed to fishing using set line gear.

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NEW SECTION
WAC 220-48-07100A   Bottomfish pots -- Gear and seasons.   Notwithstanding the provisions of WAC 220-48-071, effective 12:01 a.m. July 28, 2010, until further notice, all waters of Puget Sound are closed to fishing using bottomfish pot gear.

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NEW SECTION
WAC 220-49-05600E   Smelt fishing -- Seasons.   Notwithstanding the provisions of WAC 220-49-056, effective 12:01 a.m. July 28, 2010, until further notice, all waters of Puget Sound are closed to smelt fishing using purse seine gear.

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NEW SECTION
WAC 220-52-06900C   Scallop fishery -- Puget Sound.   Notwithstanding the provisions of WAC 220-52-069, effective 12:01 a.m. July 28, 2010, until further notice, it is unlawful to fish for or possess any pink or spiny scallops taken with trawl gear in all waters of Puget Sound.

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Washington State Code Reviser's Office