WSR 01-01-019

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 00-248 -- Filed December 7, 2000, 10:38 a.m. ]

Date of Adoption: December 6, 2000.

Purpose: Amend commercial fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-52-04600F and 220-52-04600G; 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: Test fishing results indicate that crab would not have met hardening criteria for an opening and considerable wastage would occur by having opened the season December 1, 2000. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 2.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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

December 6, 2000

J. P. Koenings

Director


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

     (1) It shall be unlawful to fish for, land, or possess Dungeness crab taken from coastal areas of Grays Harbor, Willapa Bay, the Columbia River and the Pacific Ocean north of Cape Lookout, Oregon prior to December 15, 2000 except that it is lawful to set crab gear in these areas beginning 8:00 a.m. December 12, 2000.

     (2) Crab fishing vessels which participated in the Dungeness crab fishery between December 1 2000 and December 14, 2000 in the area between Cape Lookout, Oregon and Point Arena, California may not fish for Dungeness crab in the Pacific Ocean north of Cape Falcon, Grays Harbor, Willapa Bay, or the Columbia River until January 14, 2001.

[]


REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 220-52-04600F Crab fishery--Seasons and areas. (00-246)

     The following section of the Washington Administrative Code is repealed effective 12:01 a.m. January 14, 2001:


WAC 220-52-04600G Crab fishery -- Seasons and areas.

© Washington State Code Reviser's Office