WSR 04-01-004

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 03-298 -- Filed December 4, 2003, 8:11 a.m. ]


Date Adopted: December 3, 2003.

Purpose: Amend commercial fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-52-04600C; and 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. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 3, 2003

Evan Jacoby

for Jeff Koenings

Director


NEW SECTION
WAC 220-52-04600D   Coastal crab fishery -- Special management area.   Notwithstanding the provisions of WAC 220-52-046, effective December 1, 2003 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 until further notice:

(a) Coastal waters between 4740.50'N and 4758.00'N, and east of a line described by the following points:

Southern point (Destruction Island): 4740.50'N 12440.00'W

Northern point (Cape Johnson): 4758.00'N 12449.00'W

(b) Coastal waters between 4709.00'N and 4721.00'N, and east of a line described by the following points:

Southwest point (Copalis Rock area): 4709.00'N 12424.00'W

Northwest point: (mouth of Quinault river): 4721.00'N 12430.00'W

(2) The following area is closed from January 7, 2004 through March 9, 2004:

(a) Coastal waters between 4807.50'N and 4822.86'N, and east of a line described by the following points:

Southwest point: 4807.50'N 12451.50'W

Northwest point: 4820.00'N 12450.00'W

Cape Flattery: 4822.86'N 12443.83'W

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REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 220-52-04600C Coastal crab fishery -- Special management area. (03-291)