WSR 01-08-073

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 01-46 -- Filed April 3, 2001, 1:24 p.m. , effective April 6, 2001, 12:01 a.m. ]

Date of Adoption: April 2, 2001.

Purpose: Amend commercial fishing rules.

Citation of Existing Rules Affected by this Order: Amending WAC 220-48-005.

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: The abundance and biology of sixgill sharks in Puget Sound is unknown, making it impossible to establish sustainable harvest levels for this resource. Existing policy of the Fish and Wildlife Commission direct a conservative approach to the management of groundfish, including sixgill sharks, in Puget Sound. Allowing a directed commercial fishery for sixgill sharks without required biological and abundance data would be contrary to this policy. There is insufficient time to enact 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0. Effective Date of Rule: April 6, 2001, 12:01 a.m.

April 2, 2001

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 220-48-00500H   Puget Sound bottomfish -- General provisions.   Notwithstanding the provisions of Chapters 220-47, 220-48 and 220-49 effective 12:01 a.m. April 6, 2001 until further notice, it is unlawful to retain sixgill shark (Hexanchus griseus) taken by any commercial gear in all state waters east of the Bonilla-Tatoosh line.

[]

© Washington State Code Reviser's Office