WSR 99-11-013

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 99-61-- Filed May 7, 1999, 2:21 p.m. , effective May 11, 1999, 8:00 a.m. ]

Date of Adoption: May 6, 1999.

Purpose: Commercial fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-52-04000L and 220-52-04600Q; 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 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 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 0, Repealed 2.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: May 11, 1999, 8:00 a.m.

May 6, 1999

J. P. Koenings

Director


NEW SECTION
WAC 220-52-04000L
Commercial crab fishery--25 Pot per license limit for May 11 opening

Notwithstanding the provisions of WAC 220-52-046, effective 8:00 a.m. May 11, 1999 until further notice, 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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NEW SECTION
WAC 220-52-04600Q
Commercial crab fishery--36 Hour limited opening on May 11.

Notwithstanding the provisions of WAC 220-52-046, effective 8:00 a.m. May 11, 1999 until 8:00 p.m. May 12, 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 24A south of a line projected true east and west from the southern tip of Goat Island, with the exception of those waters within a line projected from Rocky Point northeast to the red number 2 buoy, thence to Brown Point.

(2) 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.

(3) 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.

(4) 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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REPEALER

The following sections of the Washington Administrative Code are repealed effective 8:01 p.m. May 12, 1999:


WAC 220-52-04600QCommercial crab fishery--36 Hour limited opening on May 11
WAC 220-52-04000LCommercial crab fishery--25 Pot per license limit for May 11 opening

Washington State Code Reviser's Office