WSR 04-07-013

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 04-43 -- Filed March 4, 2004, 4:30 p.m. , effective March 5, 2004, 7:00 a.m. ]

Date of Adoption: March 4, 2004.

Purpose: Amend commercial fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-52-04000X and 220-52-04600I; and amending WAC 220-52-040 and 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 pot limits for the commercial crab fishery in the Puget Sound licensing district are to maintain commercial harvest allocation plans. The closure of catch areas specified in this regulation is required by state/tribal management agreement for softshell concerns or to meet 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 0, Repealed 2.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: March 5, 2004, 7:00 a.m.

March 4, 2004

J. P. Koenings

Director


NEW SECTION
WAC 220-52-04000Y   Commercial crab fishery -- Exceptions to permanent rules for pot limits.   Notwithstanding the provisions of WAC 220-52-040, effective immediately, until further notice, it is unlawful for any person to fish for crabs for commercial purposes with more than 75 pots per license, per buoy tag number in all waters of the Puget Sound Marine Fish Shellfish Catch Reporting Areas 23A, 23B, 23C, 24A, 24B, 24C, 24D, 25B, 25D, 26AE, 26AW, and 29. The remaining 25 buoy tags per license must be onboard the designated vessel and available for inspection.

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

(1) Effective immediately, until further notice, it is unlawful to fish for Dungeness crab for commercial purposes in Catch Areas, 23D, 24A, 24B, 24C, 24D, 25A, 25B, 25D, 25E 26A-E and 26A-W.

(2) Effective 8 p.m. March 10, 2004 until further notice, it is unlawful to fish for Dungeness crab for commercial purposes in that portion of Marine Fish/Shellfish Catch Area 22A that includes Lopez Sound and Blakely Sound, south of a line extending from Upright Head to the green flashing marker on the southwest tip of Obstruction Island; west of a line extending due south from the green flashing marker on the southwest tip of Obstruction Island to Blakely Island; west of a line drawn from the red flashing buoy at the southern tip of Blakely Island across Thatcher Pass to the white flashing marker at Fauntleroy Point on the northwest corner of Decatur Island and west of a line drawn due south through Lopez Pass from the red flashing marker on the southern tip of Decatur Island to the point of land across Lopez Pass on Lopez Island. The closed area includes Shoal, Swifts, Hunter, Mud, Reads, Brigantine, and Sylvan Bays and Blakely Island Shoal.

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

(a) 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.

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REPEALER

The following section of the Washington Administrative Code is repealed effective 7:00 a.m. March 5, 2004:


WAC 220-52-04000X Commercial crab fishery -- Exceptions to permanent rules for pot limits. (04-29)

The following section of the Washington Administrative Code is repealed 8:00 p.m. March 10, 2004:


WAC 220-52-04600I Crab fishery -- Seasons and areas. (04-30)

Legislature Code Reviser 

Register

Washington State Code Reviser's Office