WSR 99-19-136

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 99-159-- Filed September 21, 1999, 3:53 p.m. , effective October 1, 1999 ]

Date of Adoption: September 21, 1999.

Purpose: Commercial fishing rules.

Citation of Existing Rules Affected by this Order: 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: The area closures and pot limits in this emergency rule are necessitated by federal court order. 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 the court order. Such plans have the effect of a federal court order. 898 F. Supp. 1453, 1466, 3.1. Previous year's regulations for state/tribal crab management region 2 West (Marine Fish-Shellfish Management and Catch Reporting Areas 25B, 25D and a portion of 26A) have not been completely successful in meeting allocation requirements despite major reductions in state commercial season length. The seventy pot limit for this region will help to provide a stable season while meeting the allocation requirements of state/tribal plans and court orders. A recent state/tribal management agreement allows providing a longer season in three specific areas and opening a previously closed portion of Marine Fish-Shellfish Management and Catch Reporting Area 24B.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: October 1, 1999.

September 21, 1999

J. P. Koenings

Director


NEW SECTION
WAC 220-52-04000N
Commercial crab fishery--Lawful and unlawful gear, methods, and other unlawful acts. Exceptions to permanent rules.

Notwithstanding the provisions of WAC 220-52-040, effective October 1, 1999 until further notice:

(1) The following Marine Fish-Shellfish Management and Catch Reporting Areas are restricted in the number of pots fished, operated, or used by a person or vessel and it is unlawful for any person to use, maintain, operate, or control pots in excess of the following limits regardless of whether one or two licenses are designated on a vessel:

(a) 10 pots in that portion of Marine Fish-Shellfish Management and Catch Reporting Area 23D west of a line from the eastern tip of Ediz Hook to the ITT Rayonier dock.

(b) 20 pots in that portion of Marine Fish-Shellfish Management and Catch Reporting Area 25A west of a line projected from the new Dungeness Light to the mouth of Cooper Creek and east of a line projected from the new Dungeness Light to the outermost end of the abandoned dock at the Three Crabs Restaurant on the southern shore of Dungeness Bay.

(c) A combined total not to exceed 70 pots in the following areas and in any combination: Marine Fish-Shellfish Management and Catch Reporting Areas 25B, the open portion of 25D, and that portion of Marine Fish-Shellfish Management and Catch Reporting Area 26A south and west of a line from Possession Point on Whidbey Island projected 110 degrees true to the shipwreck on the opposite shore.

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NEW SECTION
WAC 220-52-04600T
Crab fishery--Seasons and areas. Exceptions to Permanent Rules

Notwithstanding the provisions of WAC 220-52-046, effective October 1, 1999 until further notice:

(1) The following areas are closed to commercial crab fishing:

(a) Those waters of Marine Fish-Shellfish Management and Catch Reporting Area 25A west of a line from the new Dungeness Light to the outermost tip of the abandoned dock at the Three Crabs Restaurant.

(b) Those waters of Marine Fish-Shellfish Management and Catch Reporting Area 25E south of a line from Contractors Point to Tukey Point.

(2) The following areas are closed to commercial crab fishing from October 1 through October 15:

(a) Those waters of Marine Fish-Shellfish Management and Catch Reporting Area 24C inshore of the 400 foot depth contour on Whidbey Island within an area bounded by parallel lines projected 45 true from Sandy Point and the entrance to the marina at Langley.

(b) Those waters of Marine Fish-Shellfish Management and Catch Reporting Area 26A in Useless Bay north and east of a line from Indian Point to a point on shore 1.5 miles northeast of Double Bluff.

(c) Those waters of Marine Fish-Shellfish Management and Catch Reporting Area 24A in Cornet Bay south of a line projected true east and west from the northernmost tip of Ben Ure Island.

(3) Those waters of Marine Fish-Shellfish Management and Catch Reporting Area 24B north of a line projected true west from Kayak Point and south and west of a line from Kayak Point to Barnum Point are open to commercial crab fishing until further notice.

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Washington State Code Reviser's Office