WSR 06-22-043

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 06-281 -- Filed October 27, 2006, 8:35 a.m. , effective October 28, 2006, 8:00 a.m. ]


Effective Date of Rule: October 28, 2006, 8:00 a.m.

Purpose: Amend commercial fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-52-04600R; 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: Changes in the above limited commercial crab zones at this time are to comply with current state/tribal management 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: October 26, 2006.

J. P. Koenings

Director


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

(1) Effective 8:00 a.m. October 28, 2006 until further notice, it will be lawful to fish for Dungeness crab for commercial purposes in the following areas:

a) That portion of Catch Area 26A east of a line projected from the outermost tip of the ferry dock at Mukilteo projected to the green #3 buoy at the mouth of the Snohomish River and west of a line projected from that #3 buoy southward to the oil boom pier on the shoreline.

b) The area between the line from the western boundary of Birch Bay State Park to the western point of the entrance of the Birch Bay Marina and a line from the western boundary of Birch Bay State Park to Birch Point.

c) That portion of Marine Fish/Shellfish Catch Area 22A in Deer Harbor north of a line from Steep Point to Pole.

d) That portion of Marine Fish/Shellfish Catch Area 22B in Fidalgo Bay south of a line from the red #4 buoy at the Cap Sante Marina entrance to the northern end of the eastern most oil dock and thence to shore.

[]


REPEALER


The following section of the Washington Administrative Code is repealed effective 8:00 a.m. October 28, 2006:


WAC 220-52-04600R Crab fishery -- Seasons and areas. (06-245)

Washington State Code Reviser's Office