WSR 12-21-067

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 12-242 -- Filed October 17, 2012, 2:43 p.m. , effective October 18, 2012, 7:00 a.m. ]


     Effective Date of Rule: October 18, 2012, 7:00 a.m.

     Purpose: Amend commercial fishing rules.

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

     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: Canada has notified the United States that the inside southern chum abundance is likely to exceed the critical abundance threshold and therefore harvestable chum are available. This regulation modifies fishing schedules for Salmon Management and Catch Reporting Areas 7 and 7A per agreement with tribal comanagers. 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 0, Repealed 2.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: October 17, 2012.

Joe Stohr

for Philip Anderson

Director


NEW SECTION
WAC 220-47-31100W   Purse seines -- Open periods.   Notwithstanding the provisions of WAC 220-47-311, it is unlawful to take, fish for, or possess salmon taken for commercial purposes with purse seine gear in waters of Puget Sound Management and Catch Reporting Areas 7 and 7A, except open from 7 A.M. to 6 P.M. on October 18, 2012.

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NEW SECTION
WAC 220-47-41100J   Gill nets -- Open periods   Notwithstanding the provisions of WAC 220-47-411, it is unlawful to take, fish for, or possess salmon taken for commercial purposes with gill net gear in waters of Puget Sound Management and Catch Reporting Areas 7 and 7A, except open from 7 A.M. through 11:59 p.m. on October 18, 2012.

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REPEALER


     The following section of the Washington Administrative Code is repealed effective 6:01 p.m. October 18, 2012:


WAC 220-47-31100W Purse seines -- Open periods.

     The following section of the Washington Administrative Code is repealed effective 12:01 a.m. October 19, 2012:


WAC 220-47-41100J Gill nets -- Open periods.