EMERGENCY RULES
FISH AND WILDLIFE
Date of Adoption: October 29, 2001.
Purpose: Amend commercial fishing rules.
Citation of Existing Rules Affected by this Order: Repealing WAC 220-22-40000B, 220-52-04000C, 220-52-04600T, 220-52-04700D and 220-69-24000Y; and amending WAC 220-22-400, 220-52-040, 220-52-046, 220-52-047, and 220-69-240.
Statutory Authority for Adoption: RCW 77.12.047.
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: Closure in Crab Management Region 2E is to protect soft shelled crab. Crab Management Region 1 can reopen with pot limits for harvest of remaining state commercial quota. The permanent rule for reviewing crab pot appeals for extenuating circumstances has an application deadline of October 18, 2001. This rule provides the interim application of this deadline until the permanent rule can take effect. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 5, Amended 0, Repealed 5.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.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Repealed 0;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Repealed 0;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Repealed 0.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:
November 1, 2001, 7:00 a.m.
October 29, 2001
J. P. Koenings
Director
by Larry Peck
(1) Area 26A-W shall include those waters of Puget Sound south of 25B and northerly of a line from Apple Cove Point to Point Edwards and south and west of a line that extends from Possession Point to the Shipwreck located .8 nautical miles north of Picnic Point.
(2) Area 26A-E shall include those waters of Puget Sound south of Areas 24B and 24C and north of a line that extends from Possession Point to the Shipwreck located .8 nautical miles north of Picnic Point.
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(1) Effective 7:00 a.m. November 1, 2001 until further notice it is unlawful for any person to fish for crabs for commercial purposes with more than 50 pots per license, per buoy tag number in all waters of Marine Fish-Shellfish Management and Catch Reporting Areas 20A, 20B, 21A, 21B, 22A, and 22B.
(2) Effective immediately until further notice the Department will not accept appeals of coastal crab pot limit assignments.
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(1) Effective immediately until further notice, commercial crab harvest is allowed in those waters of Marine Fish-Shellfish Management and Catch Reporting Area 26A within a line that extends due north from the green number 1 buoy at Scatchet Head to Scatchet Head, thence from the green number 1 buoy at Scatchet Head to the green number 1 buoy at Possession Point, thence due north from the green number 1 buoy at Possession Point to Possession Point.
(2) Effective immediately through March 14, 2002, commercial crab harvest is allowed in those waters of 26A north and east of a line from the south end of the Double Bluff State Park seawall (47° 58.78'N, 122° 30.84'W) projected 110° true to the boulder on shore (47° 57.69'N, 122° 26.74'W).
(3) Effective immediately until further notice, commercial harvest will be closed in those waters of Marine Fish-Shellfish Management and Catch Reporting Areas 26A, north of a line that extends from Possession Point to the shipwreck, and all waters of 24B.
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(1) Dungeness crab pots may be deployed in Areas 20A, 20B, 21A, 21B, 22A and 22B between 7:00 a.m. November 1, 2001 and 5:00 p.m. November 3, 2001 from a vessel not designated on his or her Puget Sound crab license provided that the primary or alternate operator designated on the license is on board the non-designated vessel ("barge" vessel), and provided prior notice has been given as indicated below.
(2) The license holder must leave a telephone message at the La Conner office, (360) 466-4345, extension 245, with the following information:
a) Name and license number of license owner.
b) Name of designated primary operator if different from license owner.
c) Name of alternate operator if used to deploy pots from a non-designated vessel.
d) Buoy brand number and number of pots to be deployed from a non-designated vessel.
e) Name and identification numbers (WN and/or Coast Guard) of the non-designated vessel.
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The following sections of the Washington Administrative Code
are repealed effective 7:00 a.m. November 1, 2001:
| WAC 220-22-40000B | Marine fish-shellfish management and catch reporting areas, Puget Sound (01-206) |
| WAC 220-52-04000C | Crab pot limit assignment appeals. (01-239) |
| WAC 220-52-04600T | Crab fishery--Seasons and areas. (01-233) |
| WAC 220-52-04700D | Puget Sound commercial crab pot deployment. (01-206) |
| WAC 220-69-24000Y | Duties of commercial purchasers and receivers -- Puget Sound crab (01-206) |