EMERGENCY RULES
FISH AND WILDLIFE
Date of Adoption: December 6, 2002.
Purpose: Amend commercial fishing rules.
Citation of Existing Rules Affected by this Order: Repealing WAC 220-47-31100J, 220-47-41100I, 220-47-31100K and 220-47-41100J; and amending WAC 220-47-311 and 220-47-411.
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: Hatchery egg take needs have been met and harvestable fish continue to be present in the area. The treaty and nontreaty catch are balanced at this time and the Tulalip Tribe will continue to fish through 12:00 noon on December 9, 2002. There is insufficient time to promulgate 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 0, Repealed 4.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.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Repealed 0;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Repealed 0;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Repealed 0.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:
December 7, 2002, 8:00 a.m.
December 6, 2002
J. P. Koenings
Director
(1) Effective 8:00 a.m. through 4:00 p.m. December 9, 2002, Area 8D is open to purse seines.
(2) Effective immediately through 4:00 p.m. December 6, 2002, that portion of Area 7B east of a line from Post Point to the flashing red light at west entrance to Squalicum Harbor is open to purse seines 24 hours per day 7 days per week.
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(1) Effective 8:00 a.m. December 7, 2002 through 6:00 p.m. December 9, 2002, Area 8D is open to gill nets using 6-1/4 inch minimum mesh.
(2) Effective immediately through 4:00 p.m. December 6, 2002, that portion of Area 7B east of a line from Post Point to the flashing red light at west entrance to Squalicum Harbor is open to gill nets, using 6-1/4 inch minimum mesh, 24 hours per day 7 days per week.
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The following sections of the Washington Administrative Code are repealed:
| WAC 220-47-31100J | Purse seine -- Open periods. (02-289) |
| WAC 220-47-41100I | Gill net -- Open periods. (02-289) |
The following sections of the Washington Administrative Code are repealed effective 6:01 p.m. December 9, 2002:
| WAC 220-47-31100K | Purse seine -- Open periods. (02-294) |
| WAC 220-47-41100J | Gill net -- Open periods. (02-294) |