WSR 99-09-035

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 99-33-- Filed April 15, 1999, 4:36 p.m. , effective April 19, 1999, 8:00 a.m. ]

Date of Adoption: April 15, 1999.

Purpose: Commercial fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-52-04000I, 220-52-04600L and 220-52-04600M; and amending WAC 220-52-040 and 220-52-046.

Statutory Authority for Adoption: RCW 75.08.080.

Under RCW 34.05.350 the agency for good cause finds that state or federal law or federal rule or a federal deadline for state receipt of federal funds requires immediate adoption of a rule.

Reasons for this Finding: There is a harvestable surplus of crab in the area opened by this regulation. A reduced pot limit is necessary to avoid exceeding the allocation. The state may not authorize commercial shellfish harvests absent agreed planning or compliance with a process. Agreed plans with applicable tribes have been entered as required by federal court order. Such plans have the effect of a federal court order. 898 F. Supp. 1453, 1466, 3.1. Pursuant to RCW 34.04.350 [34.05.350], the need to comply with such federal court orders in the form of allocative management plans constitutes an emergency that requires bypassing the time periods inherent in permanent rule making.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 0, Repealed 2.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 19, 1999, 8:00 a.m.

April 15, 1999

J. P. Koenings

Director


NEW SECTION
WAC 220-52-04600M
Commercial crab fishery--36 Hour limited opening on April 19

Notwithstanding the provisions of WAC 220-52-046, effective 8:00 a.m. April 19, 1999 until 8:00 p.m. April 20, it is lawful to fish for Dungeness crab for commercial purposes in Puget Sound in the following areas:

(1) All waters of Marine Fish/Shellfish Management and Catch Reporting Area 24B, with the exception of those waters inside a line projected from Priest Point to the five-meter tower between Gedney Island and Priest Point, thence northwesterly on a line between the five-meter tower and Barnum Point to the intersection with a line projected true west from Kayak Point, thence east to shore, and those waters north of a line projected true west from Kayak Point, and south and west of a line from Kayak Point to Barnum Point.

(2) Waters of Marine Fish/Shellfish Management and Catch Reporting Area 24C south of a line from East Point on Whidbey Island to Lowell Point on Camano Island, with the exception of those waters inshore of the 400 foot depth contour within an area bounded by parallel lines projected northeasterly from Sandy Point and the entrance to the marina at Langley.

(3) Waters of Marine Fish/Shellfish Management and Catch Reporting Area 26A north of a line from Picnic Point to Possession Point on Whidbey Island with the exception of those waters south and east of a line projected from the 3A buoy at the Snohomish River mouth to the outermost tip of the ferry dock at Mukilteo, and those waters within a line from the green number 1 buoy at Scatchet Head to the green number 1 buoy at Possession Point thence following the 200 foot contour to a point due east from the Glendale Dock.

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NEW SECTION
WAC 220-52-04000I
Commercial crab fishery--25 Pot per license limit for April 19 opening

Notwithstanding the provisions of WAC 220-52-040 effective 8:00 a.m. April 19, 1999 until 8:00 p.m. April 20, it is unlawful for any person to take or fish for crab for commercial purposes in the Puget Sound licensing district using, operating, or controlling any more than an aggregate total of 25 shellfish pots or ring nets. This limit shall apply to each license. However, this shall not preclude a person holding two Puget Sound crab licenses from designating and using the licenses from one vessel as authorized by RCW 75.28.048(4).

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REPEALER

The following section of the Washington Administrative Code is repealed effective 12:01 a.m. April 16, 1999:


WAC 220-52-04600LCommercial crab fishery--Allocation/softshell closures. (99-22)

The following section of the Washington Administrative code is repealed effective 8:01 p.m. April 20, 1999:


WAC 220-52-04000ICommercial crab fishery--25 Pots per license limit for April 19 opening.
WAC 220-52-04600MCommercial crab fishery--36 Hour limited opening on April 19.

Washington State Code Reviser's Office