11-14-024

WSR 11-14-024

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 10-138 -- Filed June 24, 2011, 1:47 p.m. , effective July 1, 2011 ]

     Effective Date of Rule: July 1, 2011.

     Purpose: Amend personal use fishing rules.

     Citation of Existing Rules Affected by this Order: Repealing WAC 220-56-25000M; and amending WAC 220-56-250.

     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: Yelloweye rockfish are one of seven overfished species managed under rebuilding plans by the Pacific Fishery Management Council. Yelloweye rockfish may be caught incidentally when anglers target lingcod in deeper waters. Management measures, including depth restrictions, have been effective at reducing the incidental catch of overfished species including yelloweye rockfish while anglers are targeting lingcod. This rule conforms to federal action taken by Pacific Fishery Management Council and the National Marine Fisheries Service. 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 24, 2011.

Philip Anderson

Director

NEW SECTION
WAC 220-56-25000M   Lingcod -- Areas and seasons.   Notwithstanding the provisions of WAC 220-56-250, effective July 1 through August 31, 2011, it is unlawful to fish for, retain or possess lingcod seaward of a line approximating the 30 fathom depth contour south of 46?58' N. Lat. on Fridays and Saturdays in waters of Marine Area 2, Westport.

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REPEALER

     The following section of the Washington Administrative Code is repealed effective September 1, 2011:

WAC 220-56-25000M

Lingcod -- Areas and seasons.