WSR 03-05-047

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 03-25 -- Filed February 13, 2003, 1:58 p.m. ]

Date of Adoption: February 13, 2003.

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: 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 13, 2003

J. P. Koenings

Director


NEW SECTION
WAC 220-52-04600S   Crab fishery -- Seasons and area.   Notwithstanding the provisions of WAC 220-52-046 and 220-56-330, effective immediately until further notice, for purposes of the Willapa Bay Dungeness crab closure, the waters of Willapa Bay are defined to include marine waters inside a line projected due west from Cape Shoalwater (4644'N) to the intersection with 12406'W longitude, thence following the longitude due south to the intersection with a line projected due west from Leadbetter Point (4638'N), thence following the Point Leadbetter line to shore.

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