WSR 15-16-094
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 15-239—Filed August 3, 2015, 3:44 p.m., effective August 3, 2015, 3:44 p.m.]
Effective Date of Rule: Immediately upon filing.
Purpose: Amend recreational fishing rules.
Citation of Existing Rules Affected by this Order: Repealing WAC 220-56-33000R; and amending WAC 220-56-330.
Statutory Authority for Adoption: RCW 77.04.012, 77.04.020, and 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: Test results from the Washington department of health show that crab tested in the area between the WA/OR border and the Queets River are not safe for human consumption. Levels of domoic acid, detected through routine testing have exceeded the federally established action level. There is insufficient time to adopt 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: August 3, 2015.
J. W. Unsworth
Director
NEW SECTION
WAC 220-56-33000S CrabAreas and seasons
Notwithstanding the provisions of WAC 220-56-330:
(1) Effective immediately until further notice, it is unlawful to fish for Dungeness crab in Marine Area 1 adjacent to Washington and Marine Area 2, including Marine Area 2-1 Willapa Bay and Marine Area 2-2 Grays Harbor and the Columbia River.
(2) Effective 12:01 a.m. August 10, 2015, it is unlawful to set, maintain, operate, or possess in those waters listed in subsections (1) of this section, any baited or unbaited shellfish pots or ring nets for any reason.
Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
REPEALER
The following section of the Washington Administrative Code is repealed:
WAC 220-56-33000R
CrabAreas and seasons. (15-165)