WSR 02-01-051

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 01-271 -- Filed December 11, 2001, 4:40 p.m. ]

     Date of Adoption: December 11, 2001.

     Purpose: Amend commercial fishing rules.

     Citation of Existing Rules Affected by this Order: Repealing WAC 220-52-04700G and 220-52-04700H.

     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 coastal crab fishery opening was delayed by a work stoppage, and gear that should have been set was not. This rule provides for safety in setting gear, and provides for the economic well being of the industry. There is insufficient time to adopt 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 2.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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

December 11, 2001

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 220-52-04700H   Barging of crab pots -- Delayed opening.   Notwithstanding the provisions of WAC 220-52-046, effective immediately until 11:59 p.m. December 14, 2001:

     (1) It is lawful for a vessel not designated on a Dungeness-crab coastal fishery license to be used to deploy crab pot gear for the licensee, provided that the licensee is aboard when the gear is being deployed and the deploying vessel carries no more than 250 crab pots at any one time.

     (2) Violation of this section shall be enforced under RCW 77.15.520

[]


REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 229-52-04700G Barging of crab pots by undesignated vessels extended.

     The following section of the Washington Administrative Code is repealed effective 12:01 a.m., December 15, 2001:


WAC 220-52-04700H Barging of crab pots -- Delayed opening.

     Reviser's note: The section above appears as filed by the agency pursuant to RCW 34.08.040; however, the reference to WAC 229-52-04700G is probably intended to be WAC 220-52-04700G.

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