WSR 04-23-056

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 04-301 -- Filed November 12, 2004, 4:21 p.m. , effective November 12, 2004, 11:59 p.m. ]


     

     Purpose: Amend commercial fishing rules.

     Citation of Existing Rules Affected by this Order: Repealing WAC 220-47-31100Y and 220-47-41100Z; 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: It is estimated that the nontreaty share of harvestable chum has been taken in these areas. Treaty-tribe comanagers have been consulted. There is insufficient time to make this a part of the permanent rules process.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 0, Repealed 2.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: November 12, 2004.

Evan Jacoby

for Jeff Koenings

Director


NEW SECTION
WAC 220-47-31100Z   Purse seine -- Open periods.   Notwithstanding the provisions of Chapter 220-47-311 WAC, effective 11:59 p.m. November 12, 2004 until further notice it is unlawful to take, fish for or possess salmon taken for commercial purposes in Puget Sound Salmon Management and Catch Reporting Areas 10, 11, 12, 12B or 12C except in accordance with the open periods, mesh size, areas, species restrictions, notification, and landing requirements set forth in this section, provided that unless otherwise amended, all permanent rules for all other catch reporting areas remain in effect:


AREA TIME DATE(S)
10&11 Closed
12&12B Closed
12C Closed

[]


REPEALER


     The following section of the Washington Administrative Code is repealed effective 11:59 p.m. November 12, 2004:


WAC 220-47-31100Y Purse seine -- Open periods.

NEW SECTION
WAC 220-47-41100A   Gill net -- Open periods.   Notwithstanding the provisions of Chapter 220-47-411 WAC, effective 11:59 p.m November 12, 2004 until further notice it is unlawful to take, fish for or possess salmon taken for commercial purposes in Puget Sound Salmon Management and Catch Reporting Areas 10, 11, 12, 12B or 12C except in accordance with the open periods, mesh size, areas, species restrictions, notification, and landing requirements set forth in this section, provided that unless otherwise amended, all permanent rules for all other catch reporting areas remain in effect:


AREA TIME DATE(S) MINIMUM MESH
10,11 Closed 6 1/4"
12,12B Closed
12C Closed

[]

     Reviser's note: The typographical 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.
REPEALER


     The following section of the Washington Administrative code is repealed effective 11:59 p.m. November 12, 2004:


WAC 220-47-41100Z Gill net -- Open periods.

Legislature Code Reviser 

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