WSR 99-15-038

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 99-100-- Filed July 14, 1999, 4:27 p.m. ]

Date of Adoption: July 14, 1999.

Purpose: Personal use rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-56-33000T; 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 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: Crab testfishing results from Whatcom County (excluding Bellingham Bay) do not meet hardshell criteria established by agreed state/tribal harvest plans. The agreed plans require fishery closures to prevent unacceptable handling mortality and resource loss when hardshell criteria are not met. Failure to comply with the conservation and/or allocation requirements of such plans may result in contempt of federal court or failure of all crab fishing in a given region addressed by a plan. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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

July 14, 1999

Jeff P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 220-56-33000U
Personal use crab pot fishery--Exceptions to permanent rules--Delayed opening for Whatcom County outside Bellingham Bay

Notwithstanding the provisions of WAC 220-56-330, effective 12:01 a.m. July 16, 1999 until further notice, it is unlawful to fish for and possess crab taken for personal use using shellfish pot gear in those waters of Catch Record Card Area 7 within Whatcom County north of a line from Point Francis in Bellingham Bay to the north end of Inati Bay on Lummi Island; and north of line projected 300 degrees true northwest from Village Point on the west side of Lummi Island to the U.S./Canada border. All waters of Bellingham Bay remain open to personal use crab pot harvest.

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REPEALER


The following section of the Washington Administrative Code is repealed effective 11:59 p.m. July 15, 1999:


WAC 220-56-33000T Personal use crab fishery--Allocation/softshell closures. (99-92)

Washington State Code Reviser's Office