WSR 13-14-051
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 13-139—Filed June 27, 2013, 3:56 p.m., effective June 27, 2013, 3:56 p.m.]
Effective Date of Rule: Immediately upon filing.
Purpose: Amend commercial fishing rules.
Citation of Existing Rules Affected by this Order: Amending WAC 220-44-095.
Statutory Authority for Adoption: RCW 77.12.047 and 77.04.020.
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: Mackerel are managed under the federal Coastal Pelagics Fishery Management Plan (plan). This action is consistent with the plan and the federal rules that set annual specifications for mackerel, including authorizing the incidental harvest of mackerel (Scombridae) in the Pacific sardine purse seine fishery. There is insufficient time to adopt 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: June 27, 2013.
Philip Anderson
Director
NEW SECTION
WAC 220-44-09500A Coastal sardine purse seine fishery. Notwithstanding provisions of WAC 220-44-095, effective immediately until further notice, it is unlawful to retain mackerel (Scombridae) taken incidental to a lawful sardine fishery in any amount exceeding forty-five percent of the weight of the total landing.