WSR 04-06-013

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 04-30 -- Filed February 20, 2004, 2:19 p.m. , effective February 25, 2004, 7:00 p.m. ]

Date of Adoption: February 20, 2004.

Purpose: Amend commercial fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-52-04600H; 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 closure of catch areas specified in this regulation is required by state/tribal management agreement. Commercial opportunity in the above zones reflects state/tribal agreements to maintain allocation objectives. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: February 25, 2004, 7:00 p.m.

February 20, 2004

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 220-52-04600I   Crab fishery -- Seasons and areas.   Notwithstanding the provisions of WAC 220-52-046:

(1) Effective 7:00 p.m. February 25, 2004, until further notice, it is unlawful to fish for Dungeness crab for commercial purposes in Catch Areas 23D, 25A, and 25E.

(2) Effective 7:00 p.m. February 29, 2004, until further notice, it is unlawful to fish for Dungeness crab for commercial purposes in Catch Areas 25B, 25D and 26A-W.

(3) Effective immediately, until further notice, it is unlawful to fish for Dungeness crab for commercial purposes in Catch Areas 24A, 24B, 24C, 24D, and 26A-E.

(4) Effective immediately until further notice, it will be lawful to fish for Dungeness Crab for commercial purposes in the following areas:

(a) Those waters of Marine Fish-Shellfish Management and Catch Reporting Area 26A within a line that extends due north from the green number 1 buoy at Scatchet Head to Scatchet Head, thence from the green number 1 buoy at Scatchet Head to the green number 1 buoy at Possession Point, thence due north from the green number 1 buoy at Possession Point to Possession Point.

(b) That portion of Marine Fish-Shellfish Management and Catch Reporting Area 21B in Samish Bay south of a line from Fish Point and Point Williams in water deeper than 60 feet.

(5) Effective immediately until further notice Marine Fish-Shellfish Management and Catch Reporting Area 26A shall be further defined by the following boundaries:

(a) Area 26A-W shall include those waters of Catch Area 26A south of 25B and northerly of a line from Apple Cove Point to Point Edwards and south and west of a line that extends from Possession Point to the Shipwreck located .8 nautical miles north of Picnic Point.

(b) Area 26A-E shall include those waters of Catch Area 26A south of Areas 24B and 24C and north and east of a line that extends from Possession Point to the Shipwreck located .8 nautical miles north of Picnic Point.

[]


REPEALER


The following section of the Washington Administrative Code is repealed 7:00 p.m. February 25, 2004:


WAC 220-52-04600H Crab fishery -- Seasons and areas. (04-16)

Legislature Code Reviser 

Register

Washington State Code Reviser's Office