FISH AND WILDLIFE
[Order 98-130--Filed July 10, 1998, 4:00 p.m.]
Date of Adoption: July 10, 1998.
Purpose: Personal use rules.
Citation of Existing Rules Affected by this Order: Repealing WAC 220-56-33000H; and amending WAC 220-56-330.
Statutory Authority for Adoption: RCW 75.08.080.
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 harvestable surplus of Dungeness crab in the areas opened under these regulations. Test fishing data indicate the majority of the crab in the areas opened under these regulations are in a hardshell condition and crab pot fishing at this time will not result in wastage or resource damage. Test fishing data from a portion of Catch Record Card Area 7 indicates the majority of crab in this area are in a softshell condition and the crab pot season opening must be delayed. There is insufficient time to promulgate 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, amended 1, repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.
Effective Date of Rule: Immediately.
July 10, 1998
J. D. Brittell
for Bern Shanks
WAC 220-56-33000I Crab--Areas and seasons Notwithstanding the provisions of WAC 220-56-330, effective 5:00 p.m. July 10, 1998 until further notice:
(1) It is lawful to fish for and possess crab taken for personal use with shellfish pot gear in Catch Record Card Area 7 within San Juan County, and in those waters east of a line extending from the pilings one mile west of the Mount Baker Plywood smoke stack in northern Bellingham Bay to the boulder at Point Francis; thence to the northern end of Inati Bay on Lummi Island; thence from Carter Point on Lummi Island to Clark Point on the northern end of Guemes Island; and thence to Shannon Point on Fidalgo Island. It is unlawful to fish for and possess crab taken for personal use with shellfish pot gear from all waters of Catch Record Card Area 7 within Whatcom County, except for those waters described above.
(2) It is lawful to fish for and possess crab taken for personal use with shellfish pot gear in all waters of Catch Record Card Areas 8-1, 8-2, and waters of Catch Record Card Area 9 within Port Townsend Bay south of a line from Point Wilson to Marrowstone Point.
The following section of the Washington Administrative Code is repealed effective 5:00 p.m. July 10, 1998:
WAC 220-56-33000H Crab--Areas and seasons. (98-118)