WSR 01-17-106

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 01-177 -- Filed August 21, 2001, 1:44 p.m. , effective August 27, 2001, 7:00 a.m. ]

     Date of Adoption: August 21, 2001.

     Purpose: Commercial fishing rules.

     Citation of Existing Rules Affected by this Order: Repealing WAC 220-47-42800B; and amending WAC 220-47-428.

     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: Preseason forecast indicates harvestable numbers of coho returning to Quilcene Bay. This fishery was not proposed during the NOF fishery planning negotiation because of the mistaken understanding that further legislative review was required before the fishery could be continued beyond the initial five year test period. Subsequently the Washington State Attorney General's Office issued a clarifying ruling to the contrary. National Marine Fisheries Service has concurred that this fishery will be in compliance with section 4D of the Endangered Species Act and will not jeopardize the listed summer chum run. Treaty-tribe comanagers have also concurred with the fishery. There is insufficient time to use the permanent regulation process to effect these changes.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: August 27, 2001, 7:00 a.m.

August 21, 2001

J. P. Koenings

Director


NEW SECTION
WAC 220-47-42800B   Beach seine -- Open periods.   Notwithstanding the provisions of WAC 220-47-428, those waters of Puget Sound Salmon Management and Catch Reporting Area 12A are open for salmon fishing with beach seine gear from 7:00 a.m. to 7:00 p.m. Mondays through Fridays each week effective August 27 through October 12, 2001. All chinook salmon must be released immediately.

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REPEALER


     The following section of the Washington Administrative Code is repealed effective 12:01 a.m. October 13, 2001:


WAC 220-47-42800B Beach seine -- Open periods.

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