EMERGENCY RULES
FISH AND WILDLIFE
Date of Adoption: August 9, 2001.
Purpose: Commercial fishing rules.
Citation of Existing Rules Affected by this Order: Repealing WAC 220-44-05000D; and amending WAC 220-44-050.
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: Drift gill net gear has demonstrated unacceptable by-catch of marine mammals and sea turtles off the Washington coast. The north coastal thresher shark population is rebuilding but cannot sustain a directed fishery. The current experimental swordfish fishery off Oregon has a 2.1 landing ratio of swordfish to thresher shark, and conforming regulations for landings will reduce the exploitation rate on thresher shark. There is insufficient time to promulgate permanent rules before the summer fishery begins, but permanent rule making is underway.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.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Repealed 0;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Repealed 0;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Repealed 0.
Effective Date of Rule:
Immediately.
August 9, 2001
J. P. Koenings
Director
by Larry Peck
(1) It is unlawful to use drift gill net gear in state and offshore waters of the Pacific Ocean north of the Washington-Oregon boundary and south of the United States-Canada boundary.
(2) It is unlawful to land thresher shark taken by any means from state and offshore waters of the Pacific Ocean north of the Washington-Oregon boundary and south of the United States-Canada boundary.
(3) It is unlawful to land thresher shark taken south of the Washington-Oregon boundary unless each thresher shark landed is accompanied by a minimum of two swordfish.
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The following section of the Washington Administrative Code is repealed:
| WAC 220-44-05000D | Thresher shark. (01-54) |