WSR 05-05-041

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 05-20 -- Filed February 11, 2005, 4:51 p.m. , effective February 15, 2005, 6:00 p.m. ]


Purpose: Amend commercial fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-52-04600X; 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 harvests absent agreed planning or compliance with a process. The provisions of this rule are in conformity with agreed plans with applicable tribes that have been entered as required by court order. The closures in Catch Areas 24A, 24B, 24C, 24D and 26A-East are to protect high numbers of soft crab. Catch Areas 23D, 25A, and 25E are closing because the harvest share in those areas is projected to be reached by the closure date. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: February 11, 2005.

Evan Jacoby

for Jeff Koenings

Director


NEW SECTION
WAC 220-52-04600Z   Crab fishery -- Seasons and areas.   Notwithstanding the provisions of WAC 220-52-046, effective immediately until further notice:

1) 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 Catch Area 21B in Samish Bay south of a line from Fish Point and Point Williams in water deeper than 60 feet.

(c) Those waters of Marine Fish-Shellfish Catch Area 26A in Useless Bay north and east of a line from the south end of the Double Bluff State Park seawall (47 58.782"N, 122 30.84'W) projected 110 true to the boulder on shore (47 57.690'N, 122 26.742'W).

2) 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.

3) Those waters of Marine Fish-Shellfish Management and Catch Reporting Areas 23D, 25A and 25E will close to the taking or possession of Dungeness crab at 6:00 p.m. on February 15, 2005.

4) Those waters of Marine Fish-Shellfish Management and Catch Reporting Areas 26A-East, 24B, 24D and that portion of 24C south of a line drawn from Snatelum Point to Rocky Point will close to the taking or possession of Dungeness crab at 6:00 p.m. on February 15, 2005.

5) Those waters of Marine Fish-Shellfish Management and Catch Reporting Areas 24A and 24C north of a line drawn from Snatelum Point to Rocky Point will close to the taking or possession of Dungeness crab at 6:00 p.m. on February 25, 2005.

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REPEALER


The following section of the Washington Administrative Code is repealed effective 6:00 p.m. February 15, 2005:


WAC 220-52-04600X Crab fishery -- Seasons and areas. (05-07)

Washington State Code Reviser's Office