WSR 14-15-020

EMERGENCY RULES

[Order 14-165—Filed July 8, 2014, 11:41 a.m., effective July 8, 2014, 11:41 a.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 77.04.012, 77.04.020, 77.12.045, and 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: There is a higher abundance of mackerel off the coast this year and sardine fishermen are having difficulty catching sardines and avoiding mackerel. Fishermen are trying their best to adhere to the current forty-five percent restriction, but self-reported landings are in the sixty-nine percent range (Ilwaco) and forty-nine percent range (Westport). The Pacific Fishery [Fisheries] Management Council has set an annual catch target of 24,170 metric tons for the July 1, 2014, through June 30, 2015, fishing season; therefore, there is sufficient harvestable surplus of mackerel to accommodate this incidental landing increase. Maintaining a per landing limit of seventy-five percent and a seasonal limit of fifty percent helps ensure that the fishery remains targeted toward sardines, rather than mackerel, which is the intent of the license approved by the legislature. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: July 8, 2014.

Philip Anderson

Director