WSR 04-08-038

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 04-64 -- Filed March 30, 2004, 4:33 p.m. , effective April 10, 2004, 12:01 a.m. ]

Date of Adoption: March 30, 2004.

Purpose: Amend commercial fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-52-04600J and 220-52-04600M; 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: Special management area requirement can be eased to accommodate nontribal fishers. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 2.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: April 10, 2004, 12:01 a.m.

March 30, 2004

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 220-52-04600M    Crab fishery -- Special management area.   Notwithstanding the provisions of WAC 220-52-046, effective immediately 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 except as provided.

(1) Effective 12:01 a.m. April 10, 2004 through 11:59 p.m. May 31, the following area will open to non-Indian crab fishers.

a) Coastal waters between 47 40.50'N (Destruction Island) and 47 58.00'N (Cape Johnson), and east of a line described by the following points:

Southwest corner: 47 40.50'N 124 40.00'W

Northwest corner: 47 58.00'N 124 49.00'W

(2) Persons choosing to fish in this area are limited to using, operating, or controlling no more than an aggregate total of 100 shellfish pots or ring nets per vessel per license.

(3) Fishers intending to fish in this area must pre-register with the Washington Department of Fish and Wildlife 48 hours in advance of deploying gear. Subsequent to initial deployment additional notification is required with 48 hour advance notice if the amount of gear deployed will be reduced and by what amount, or if deployment will be increased if initial deployment was less than 100 pots. Registration will include: the name of the person controlling the gear; the amount of gear being deployed; the vessel name; and the buoy brand identification data. Registration must be given by one of the following three means:

(a) Fax transmission to (360) 664-0689;

(b) E-mail to reedhjr@dfw.wa.gov; or

(c) Telephone to (360) 249-4628 ext 202

[]


REPEALER


The following section of the Washington Administrative Code is repealed effective 12:01 a.m. April 10, 2004.


WAC 220-52-04600J Crab fishery -- Special management area. (04-34)


The following section of the Washington Administrative Code is repealed effective 12:01 a.m. June 1, 2004.


WAC 220-52-04600M Crab fishery -- Special management area.

Legislature Code Reviser 

Register

Washington State Code Reviser's Office