WSR 01-24-026

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 01-259 -- Filed November 27, 2001, 2:31 p.m. , effective November 28, 2001, 8:00 a.m. ]

     Date of Adoption: November 26, 2001.

     Purpose: Amend commercial fishing rules.

     Citation of Existing Rules Affected by this Order: Amending WAC 220-52-046.

     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: The state may not authorize commercial shellfish harvest absent agreed planning or compliance with a process. The provisions of this rule are in conformity with agreed plans with applicable tribes which have been entered as required by the court order. The provisions of this rule reflect industry agreements on fishing plans and are made in conformity with the intent of permanent rules regarding the use of nondesignated vessels sixty-four hours prior to season openings, and forty-eight hours afterward. 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: November 28, 2001, 8:00 a.m.

November 26, 2001

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 220-52-04600Y   Coastal crab fishery--Special management areas.   Notwithstanding the provisions of WAC 220-52-046, effective immediately until further notice, it is unlawful for non-Indian commercial fishers to fish for or take crab for commercial purposes, or place gear, in the following areas during the periods indicated:

     1) The following areas are closed from December 1, 2001 through March 15, 2002:

     (a) Coastal waters between 47° 40.50 N and 48° 07.50 N, and east of a line described by the following points:

Southern point: 47°40.50'N 124°40.50'W
La Push (west entrance) 47°54.00'N 124°47.00'N
La Push (east entrance) 47°54.00'N 124°45.80'W
Central point 48°00.00'N 124°49.50'W
Northern point 48°07.50'N 124°51.50'N
     2) The following area is closed from December 29, 2001 through March 31, 2002:

     (a) Coastal waters between 48° 07.50 N and 48° 20.00 N, and east of a line described by the following points:

Southern point: 48°07.50'N 124°51.50'W
Northern point: 48°20.00'N 124°50.00'W
Cape Flattery: 48°22.86'N 124°43.83'W

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NEW SECTION
WAC 220-52-04700G   Barging of crab pots by undesignated vessels extended.   Notwithstanding the provisions of WAC 220-52-046, effective immediately until further notice:

     (1) It is lawful for a vessel not designated on a Dungeness crab-coastal fishery license to be used to deploy shellfish pot gear beginning 8:00 a.m. November 28, 2001 until 4:00 p.m. December 3, 2001 provided that:

     (a) Such a vessel may not carry aboard more than 250 shellfish pots at any one time.

     (b) The lawful owner of the shellfish pot gear must be aboard the vessel when the gear is being deployed.

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