WSR 03-05-005

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 03-17 -- Filed February 7, 2003, 8:59 a.m. ]

Date of Adoption: February 6, 2003.

Purpose: Amend recreational fishing rules.

Citation of Existing Rules Affected by this Order: Amending WAC 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 rule is in response to Washington State Department of Health (DOH) closure of Willapa Bay to the harvest of crab due to potential health risk posed to consumers. DOH tests indicate that crab viscera sampled from Willapa Bay Dungeness crab have exceeded the action level for domoic acid. This action will reduce potential wastage of the resource in this area. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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

February 6, 2003

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 220-56-33000S   Crab -- Areas and seasons   Not withstanding the provisions of WAC 220-56-330, effective immediately:

(1) It is unlawful to posses Dungeness crab taken from the waters of Willapa Bay.

(2) After February 9th it is unlawful to set, maintain, operate, or possess upon the waters of Willapa Bay, any shellfish pots or ring nets for any reason.

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Reviser's note: The spelling 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.

Legislature Code Reviser 

Register

Washington State Code Reviser's Office