WSR 02-08-070

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 02-67 -- Filed April 2, 2002, 3:13 p.m. , effective April 6, 2002, 12:01 a.m. ]

Date of Adoption: April 2, 2002.

Purpose: Amend commercial and personal use rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-52-04600F, 220-52-04600G and 220-56-33000G; and amending WAC 220-52-046 and 220-56-330.

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: This emergency regulation is necessary to continue the closure for softshell crab from previous emergency rule and closes areas for the protection of softshell crab. This emergency regulation is necessary to continue the closures for softshell crab from previous emergency rule and closes another portion of Marine Area 7 for the protection of softshell crab. The closure of Marine Area 10 is necessary to maintain state/tribal allocation requirements. The general closure on April 15 for all marine areas is for the protection of softshelled crabs from all gear types. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 0, Repealed 3.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: April 6, 2002, 12:01 a.m.

April 2, 2002

J. P. Koenings

Director


NEW SECTION
WAC 220-52-04600G   Crab fishery -- Areas and seasons.   Notwithstanding the provisions of WAC 220-52-046, it is unlawful to fish for Dungeness Crab for commercial purposes as provided herein:

(1) Effective immediately until further notice commercial crab harvest is closed in all waters of Marine Fish-Shellfish Catch Reporting Areas 22A, 24A, 24B, 24C, 24D, 25B, 25D, 26A and that portion of 21A south of a line that extends from Point Francis on Portage Island, through the marker just north of Inati Bay on Lummi Island to Lummi Island, and north of a line that extends from Carter Point on the southern tip of Lummi Island to Whiskey Rock south of Chuckanut Bay.

(2) Effective 12:01 a.m. April 6, 2002 until further notice, commercial crab harvest is closed in all waters of Marine Fish-shellfish Catch and Reporting Areas 22B, 21B and 21A.

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REPEALER


The following section of the Washington Administrative Code is repealed effective 12:01 a.m. April 6, 2002:


WAC 220-52-04600F Crab fishery--Seasons and areas. (02-56)

The following section of the Washington Administrative Code is repealed effective 12:01 a.m. April 16, 2002:


WAC 220-52-04600G Crab fishery--Seasons and areas.

Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
NEW SECTION
WAC 220-56-33000H   Crab -- Areas and seasons.   Notwithstanding the provisions of WAC 220-56-330, it is unlawful to fish for crab for personal use as provided herein:

(1) Effective immediately until further notice, it is unlawful to fish for crab for personal use in all waters of Marine Areas 8-1, 8-2, 9, 12, those waters of Marine Area 7 south of a line that extends from Point Francis on Portage Island, through the marker just north of Inati Bay on Lummi Island to Lummi Island, and north of a line that extends from Carter Point on the southern tip of Lummi Island to Whiskey Rock south of Chuckanut Bay and the San Juan Islands portion of Marine Area 7 west and south of line that extends from the Anacortes ferry dock at Shannon Point, northward to the southeastern tip of Sinclair Island, thence from the northernmost tip of Sinclair Island to Lawrence Point on Orcas Island, follows the northern shoreline around Orcas Island to Steep Point on the southwestern tip of Orcas Island, thence to Limestone Point on San Juan Island and then to Green Point on the eastern tip of Spieden Island and from the western tip of Spieden Island true west to the International Boundary.

(2) Effective 12:01 a.m. April 6, 2002 until further notice, it is unlawful to fish for crab for personal use in all waters of Marine Area 10 and in the Anacortes portion of Marine Area 7, south and east of a line that extends from Pt. Francis on Portage Island through the marker just north of Inati Bay on Lummi Island to Lummi Island, thence south and east of line that extends from the northernmost tip of Sinclair Island through Lummi Rocks to Lummi Island, thence south and west of line that extends from the northernmost tip of Sinclair Island to Lawrence Point on Orcas Island, follows the northern shoreline around Orcas Island to Steep Point on the southwestern tip of Orcas Island, thence to Limestone Point on San Juan Island and then to Green Point on the eastern tip of Spieden Island and from the western tip of Spieden Island true west to the International Boundary.

(3) Effective 6:00 p.m. April 15, 2002 until further notice, it is unlawful to fish for crab for personal use in all Puget Sound waters of Marine Areas 4, 5, 6, 7, 8-1, 8-2, 9, 10, 11, 12, 13

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REPEALER


The following section of the Washington Administrative Code is repealed effective 12:01 a.m. April 6, 2002:


WAC 220-56-33000G Crab--Areas and seasons. (02-56)

Washington State Code Reviser's Office