WSR 03-07-002

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 03-43 -- Filed March 5, 2003, 4:01 p.m. ]

     Date of Adoption: March 5, 2003.

     Purpose: Amend commercial fishing rules.

     Citation of Existing Rules Affected by this Order: Repealing WAC 220-52-04600Q; 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: Adjustments made to boundaries of noncommercial zones are made to be consistent with state/tribal management plans. The closure of Areas 23A, 23B, 25D, 25B, 25C, and 26A West is to maintain state commercial quota plans. The closure of Areas 24A, 24B, 24C, 24D, 26A East, 22A, 22B, 21B, and 21A is due to high percentages of soft crab. 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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

March 5, 2003

J. P. Koenings

Director


NEW SECTION
WAC 220-52-04600U   Crab fishery -- Seasons and areas.    Notwithstanding the provisions of WAC 220-52-046, it is unlawful to fish for Dungeness Crab for commercial purposes as provided herein:

     (a) Effective immediately until further notice, it is unlawful to fish for or possess crab taken for commercial purposes from those waters of Marine Fish-Shellfish Management and Catch Reporting Areas 23A, 23B, 25D, 25B, 25C, 26A West, 24A, 24B, 24C, 24D, and 26A East.

     (b) Effective 12:01 a.m. March 9, 2003 until further notice, it is unlawful to fish for or possess commercial crab taken from those waters of Marine Fish-Shellfish Management and Catch Reporting Areas 22A, 22B, 21B, and 21A.

[]


REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 220-52-04600Q Crab fishery--Seasons and areas. (03-10)

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