12-23-067

WSR 12-23-067

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 12-272 -- Filed November 19, 2012, 4:49 p.m. , effective November 19, 2012, 4:49 p.m. ]

     Effective Date of Rule: Immediately.

     Purpose: Amend commercial fishing rules.

     Citation of Existing Rules Affected by this Order: Repealing WAC 220-47-31100X, 220-47-31100Z and 220-47-41100Q; and amending WAC 220-47-311 and 220-47-411.

     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: We are repealing WAC 220-47-31100X to revert to the department's permanent rules, because there is a harvestable number of chum remaining in Hood Canal. We are closing Puget Sound Salmon Management and Catch Reporting Area 8D in WAC 220-47-311 and 220-47-411, because the Tulalip Hatchery has not reached its egg-take goal.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 0, Repealed 3.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 19, 2012.

Philip Anderson

Director

NEW SECTION
WAC 220-47-31100Z   Purse seine -- Open periods.   Notwithstanding the provisions of WAC 220-47-311, effective immediately until further notice, it is unlawful to fish for commercial purposes with purse seine gear in Puget Sound Salmon Management and Catch Reporting Area 8D.

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NEW SECTION
WAC 220-47-41100Q   Gillnet -- Open periods.   Notwithstanding the provisions of WAC 220-47-411, effective immediately until further notice, it is unlawful to fish for commercial purposes with gillnet gear in Puget Sound Salmon Management and Catch Reporting Area 8D.

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REPEALER

     The following section of the Washington Administrative Code is repealed effective immediately:

WAC 220-47-31100X

Purse seine -- Open periods.

     The following section of the Washington Administrative Code is repealed effective November 24, 2012:

WAC 220-47-31100Z

Purse seine -- Open periods.

     The following section of the Washington Administrative Code is repealed effective November 24, 2012:

WAC 220-47-41100Q

Gillnet -- Open periods.