WSR 01-10-006

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 01-57 -- Filed April 20, 2001, 11:07 a.m. ]

Date of Adoption: April 19, 2001.

Purpose: Amend personal use fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-56-33000K; and amending WAC 220-56-330.

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: State/tribal allocation balances have been reached or softshell molt is occurring for Dungeness crab harvest in Marine Areas 7, 8-1, 8-2, 9, 10 and 12. Closure of the recreational crab fisheries in Marine Areas 4, 5, 6, 11 and 13 on the historical softshell closure date is necessary because the actual softshell period is unknown. Test results indicate crab are through the molt in a portion of Area 8-2. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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

April 19, 2001

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 220-56-33000L   Personal use fishery--Exceptions to permanent seasons and areas.   Notwithstanding the provisions of WAC 220-56-330:

     (1) Effective immediately until further notice, it is unlawful to fish for crab for personal use in Puget Sound in all waters of Marine Areas, 4, 5, 6, 7, 8-1, 8-2, 9, 10, 11, 12 and 13, except as provided herein;

     (2) Effective 7:00 a.m. April 21, 2001, until further notice, it is lawful to fish for crab for personal use including pot gear, in that portion of Marine Area 8-2 south and east of a line from Camano Head to Sandy Point on Whidbey Island on Fridays, Saturdays, Sundays and Mondays.

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REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 220-56-33000K Personal use fishery -- Allocation closure. (01-45)

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