WSR 99-11-021

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 99-62-- Filed May 11, 1999, 4:28 p.m. ]

Date of Adoption: May 11, 1999.

Purpose: Personal use rules.

Citation of Existing Rules Affected by this Order: Amending WAC 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 are harvestable crab in the area opened by this rule. This opening is in agreement with affected tribes under United States v. Washington, which has the effect of a federal court order. 898 F. Supp. 1453, 1466, 3.1. The need to comply with such an order 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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

May 11, 1999

Larry W. Peck

for Jeff P. Koenings

Director


NEW SECTION
WAC 220-52-04600R
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, 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 section of the Washington Administrative Code is repealed:
WAC 220-52-04600QCommercial crab fishery--36 Hour limited opening on May 11.

The following section of the Washington Administrative Code is repealed effective 8:01 p.m. May 12, 1999:

WAC 220-52-04600RCommercial crab fishery--36 Hour limited opening on May 11.

Washington State Code Reviser's Office