WSR 99-01-102

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[Order 98-247--Filed December 17, 1998, 10:31 a.m.]



Date of Adoption: December 17, 1998.

Purpose: Commercial fishing rules.

Citation of Existing Rules Affected by this Order: Amending WAC 220-52-04600J.

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: This rule is necessary to preserve fishing opportunity consistent with the Makah-State Tribal fishery management plan for the 1998-99 coastal Dungeness crab season. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, amended 0, repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.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.

December 17, 1998

Evan Jacoby

for Larry Peck

Acting Director



NEW SECTION



WAC 220-52-04600J  Crab fishery--Seasons and areas. Notwithstanding the provisions of WAC 220-52-046, effective immediately until further notice, it is unlawful for non-Indian commercial fishers to fish for or take crab for commercial purposes, or place gear, in the following areas during the periods indicated:

1) Those waters bounded by lines projected between the following coordinates is closed after December 28, 1998, until further notice:

Line projected due west from shore along 4802.25'N, to 4802.25'N, by 12450.0' to 4807.60'N 12451.40' to 4820.00'N by 12450.00'W, thence to the most western end of Cape Flattery.



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