12-20-043

WSR 12-20-043

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 12-226 -- Filed September 28, 2012, 4:41 p.m. , effective September 28, 2012, 4:41 p.m. ]

     Effective Date of Rule: Immediately.

     Purpose: Amend commercial fishing rules.

     Citation of Existing Rules Affected by this Order: Repealing WAC 220-47-41100I and 220-47-42800F; and amending WAC 220-47-411 and 220-47-428.

     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: Harvestable surplus of coho are available for gill net and beach seine fisheries in Puget Sound Management and Catch Reporting Area 12A. 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 0, Repealed 2.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: September 28, 2012.

Joe Stohr

for Philip Anderson

Director

NEW SECTION
WAC 220-47-41100I   Gill net -- Open periods.   Notwithstanding the provisions of WAC 220-47-411, effective immediately, it is unlawful to take, fish for, or possess salmon taken for commercial purposes with gill net gear in those waters of Puget Sound Salmon Management and Catch Reporting Area 12A, except as follows:

     (1) Area 12A - Open for skiff gillnets 8 AM Tuesday, October 2 through 8 AM Thursday, October 4. Closed south of a line from Point Whitney to Tabook Point.

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NEW SECTION
WAC 220-47-42800F   Beach seine -- Open periods.   Notwithstanding the provisions of WAC 220-47-428, effective immediately, it is unlawful to take, fish for, or possess salmon taken for commercial purposes with beach seine gear in those waters of Puget Sound Salmon Management and Catch Reporting Area 12A, except as follows:

     (1) Area 12A - Open to beach seines 7 AM to 7 PM daily Monday, October 1 through Friday, October 5.

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REPEALER

     The following section of the Washington Administrative code is repealed effective 8:01 a.m. October 4, 2012:

WAC 220-47-41100I

Gill net -- Open periods.

     The following section of the Washington Administrative Code is repealed effective 7:01 p.m. October 5, 2012:

WAC 220-47-42800F

Beach seine -- Open periods.