WSR 17-02-059
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 16-335Filed December 30, 2016, 4:49 p.m., effective December 30, 2016, 4:49 p.m.]
Effective Date of Rule: Immediately upon filing.
Purpose: Amend coastal commercial crab fishing rules.
Citation of Existing Rules Affected by this Order: Repealing WAC 220-52-04200B; and amending WAC 220-52-042.
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: This rule provides a temporary allowance for Washington licensed vessels that also hold a license in another state to transport gear through Washington waters with the intention of setting that gear in the state for which it is marked, providing for a safe and orderly fishery during the preseason gear-setting period. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: December 30, 2016.
J. W. Unsworth
Director
NEW SECTION
WAC 220-52-04200B Commercial crab fisheryBuoy tag, pot tag, and buoy requirements.
Notwithstanding the provisions of WAC 220-52-042:
(1) Effective immediately until 9:00 am Monday, January 9, 2017, it is lawful to transport on the water, any crab buoy or crab pot without an attached buoy tag and pot tag that meet the requirements of the permanent rule.
(2) All other provisions of the permanent rule remain in effect.
REPEALER
The following section of the Washington Administrative Code is repealed effective at 9:00 am Monday, January 09, 2017:
WAC 220-52-04200B
Commercial crab fisheryBuoy tag, pot tag, and buoy requirements.