WSR 05-13-092

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 05-126 -- Filed June 15, 2005, 3:37 p.m. , effective June 21, 2005, 6:00 a.m. ]


     

     Purpose: Amend commercial fishing rules.

     Citation of Existing Rules Affected by this Order: Repealing WAC 220-52-04000K and 220-52-04600B; and amending WAC 220-22-400, 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 Division of Shellfish Management and Catch Reporting Area 26A is necessary to meet state and tribal commercial harvest allocation plans. The limited commercial fishery in these Marine fish -- Shellfish management and catch reporting areas are to take advantage of harvest opportunity and to maintain commercial harvest allocation plans. 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 3, Amended 0, Repealed 2.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

     Date Adopted: June 15, 2005.

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 220-22-40000G   Marine fish-shellfish management and catch reporting areas, Puget Sound   Notwithstanding the provisions of WAC 220-22-400, effective 6:00 a.m. June 21, 2005 until further notice Marine Fish-Shellfish Management and Catch Reporting Area 26A shall be defined by the following boundaries:

     (1) Area 26A-W is defined as waters of Area 26A except those contiguous waters north and east of a line which extends from Possession Point to the shipwreck located 0.8 nautical miles north of Picnic Point.

     (2) Area 26A-E is defined as contiguous waters of 26A north and east of a line from Possession Point to the shipwreck located 0.8 nautical miles north of Picnic Point.

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NEW SECTION
WAC 220-52-04000L   Commercial crab fishery -- Exceptions to permanent rules for pot limits.   Notwithstanding the provisions of WAC 220-52-040, effective 6:00 a.m. June 21, 2005 through 9:00 p.m. June 22, 2005 it is unlawful for any person to fish for crabs for commercial purposes with more than 30 pots per license, per buoy tag number in all waters of Marine Fish-Shellfish Management and Catch Reporting Areas 24A, 24B, 24C and 26A-E. The remaining 70 buoy tags per license must be onboard the designated vessel and available for inspection in the pot limited area.

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

     (1) Effective 6:00 a.m. June 21 through 9:00 p.m. June 22, 2005, it is lawful to fish for Dungeness Crab for commercial purposes in Marine Fish Shellfish Catch Areas 24A, 24B, 24C and 26A-E.

     (2) All other provisions of WAC 220-52-046 remain in effect.

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REPEALER

     The following sections of the Washington Administrative Code are repealed effective 6:00 a.m. June 1, 2005:


WAC 220-52-04000K Commercial crab fishery -- Exceptions to permanent rules for pot limits. (05-42)
WAC 220-52-04600B Crab fishery -- Seasons and areas. (05-42)

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