WSR 06-02-030

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 05-288 -- Filed December 28, 2005, 2:47 p.m. , effective December 28, 2005 ]


     Effective Date of Rule: Immediately.

     Purpose: Amend commercial fishing rules.

     Citation of Existing Rules Affected by this Order: Repealing WAC 220-52-04000R; and amending WAC 220-52-040.

     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: Bad weather is expected to impede the setting of crab gear for the commercial season. 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: December 28, 2005.

J. P. Koenings

Director


NEW SECTION
WAC 220-52-04000S   Coastal crab -- Barging crab gear.   Notwithstanding the provisions of WAC 220-52-040:

     (1) It is lawful for a vessel not designated on a Dungeness crab coast fishery license to barge up to 250 pots at any one time for deployment in the coastal crab fishery.

     (2) Such a vessel may deploy shellfish pot gear only during the 64 hour-period immediately preceding the season opening date and during the 168-hour period immediately following the season opening date.

     (3) All other provisions of the permanent rule remain in effect.

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REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 220-52-04000R Coastal crab -- Barging crab gear.