WSR 03-01-078

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 02-299 -- Filed December 13, 2002, 2:35 p.m. ]

     Date of Adoption: December 13, 2002.

     Purpose: Amend commercial fishing rules.

     Citation of Existing Rules Affected by this Order: Amending WAC 220-72-076.

     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 discovery of this disease requires prompt action to prevent the further spread of this shellfish disease into other areas of Washington. 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 4, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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

December 13, 2002

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 220-72-07600E   Unlawful acts -- Permit required.   Notwithstanding the provisions of WAC 220-72-076, effective immediately until further notice, to control the spread Denman Island Disease it is unlawful to transfer shellfish aquaculture products (including all oysters and clams, oyster seed, cultch, and shell), and aquaculture equipment (including aquaculture vehicles and vessels) from or within a Denman Island Disease prohibited or surveillance area to a Denman Island Disease unrestricted area without obtaining written permission from the director of fish and wildlife or the director's authorized agent.

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NEW SECTION
WAC 220-72-08800A   Denman Island Disease prohibited area.   Effective immediately until further notice, Denman Island Disease has been confirmed within the following areas, which are hereby designated as Denman Island Disease prohibited areas:

(1) Dungeness Bay - inside and westerly of a line drawn from the tip of Dungeness Spit due south to the mainland.

(2) Deer Harbor - inside and northerly of a line drawn between Pole Pass Point and Steep Point.

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NEW SECTION
WAC 220-72-08900A   Denman Island Disease surveillance area.   The following waters are designated a Denman Island Disease surveillance area: Those waters and tidelands easterly of a line drawn true north of Cape Flattery to the international boundry line, northerly of a line between the north most tip of Tala Point and the west most tip of Foulweather Bluff, and northerly of a line between the east most point of Apple Cove Point and the west most point of Edwards Point.

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     Reviser's note: The spelling error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
NEW SECTION
WAC 220-72-09000A   Denman Island Disease unrestricted area.   All waters and tidelands lying outside of a Denman Island Disease prohibited or surveillance area.

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