WSR 99-08-058

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 99-28-- Filed April 1, 1999, 4:24 p.m. , effective April 3, 1999, 8:00 a.m. ]

Date of Adoption: April 1, 1999.

Purpose: Personal use rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-56-33000N; 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: Test fishing results from portions of Catch Area 7 do not meet hardshell criteria established by agreed state/tribal harvest plans. The agreed management plans require fishery closures to prevent unacceptable handling mortality and resource wastage when hardshell criteria are not met. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: April 3, 1999, 8:00 a.m.

April 1, 1999

Larry W. Peck

for Jeff P. Koenings

Director


NEW SECTION
WAC 220-56-33000P
Personal use crab fishery--Allocation/softshell closures.

Notwithstanding the provisions of WAC 220-52-330, effective 8:00 a.m. April 3, 1999 until further notice:

(1) It is unlawful to fish for Dungeness crab taken for personal use using shellfish pot gear from waters of Catch Record Card Area 7 south and east of a line from Point Francis to the north end of Inati Bay on Lummi Island, and east of a line from Carter Point on Lummi Island to the northern point of Sinclair Island, and east of a line from the southeast point of Sinclair Island to the Shannon Point ferry dock, and all waters of Bellingham Bay.

(2) It is unlawful to fish for Dungeness crab taken for personal use using shellfish pot gear from all waters of Catch Record Card Area 8-1.

(3) It is lawful to fish for Dungeness crab taken for personal use using shellfish pot gear from all waters of Catch Record Card Area 8-2, and the portion of Catch Record Card Area 9 north and east of a line from Picnic Point to Possession Point on Whidbey Island.

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Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
REPEALER


The following section of the Washington Administrative Code is repealed effective 8:00 a.m. April 3, 1999:


WAC 220-56-33000NPersonal use crab fishery--Allocation/softshell closures. (99-25)

Washington State Code Reviser's Office