WSR 04-24-033

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 04-308 -- Filed November 24, 2004, 1:02 p.m. , effective November 24, 2004 ]


     

     Purpose: Amend commercial fishing rules.

     Citation of Existing Rules Affected by this Order: 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: The state may not authorize commercial shellfish harvest absent agreed planning or compliance with a process. The provisions of this rule are in conformity with agreed plans with applicable tribes, which have been entered as required by the court order. 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: November 24, 2004.

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 220-52-04600T   Coastal crab fishery -- Special management area.   Notwithstanding the provisions of WAC 220-52-046, effective December 15, 2004 until further notice, it is unlawful for non-Indian commercial fishers to fish for or take crab for commercial purposes, or place gear, in the following areas during the periods indicated:

     Quileute

     (1) The following area is closed from December 15, 2004 until further notice

     (a) Coastal waters between 47°40.50'N and 47°58.00'N, and east of a line described by the following points:

     Southern point (Destruction Island): 47°40.50'N 124°40.00'W

     Northern point (Cape Johnson): 47°58.00'N 124°49.00'W

     Quinault

     (1) The following area is closed from December 15, 2004 through February 28, 2005:

     (b) Coastal waters between 47°08.00'N and 47°25.50'N, and east of a line described by the following points:

     Southwest point (Copalis River): 47°08.00'N 124°24.00'W

     Northwest point: (1 mile north of Split Rock): 47°25.50'N 124°32.00'W

     Makah

     (2) The following area is closed from January 7, 2005 through March 9, 2005:

     (a) Coastal waters between 48°07.50'N and 48°23.00'N, and east of a line described by the following points:

     Southwest point: 48°07.50'N 124°50.00'W

     Northwest point: 48°20.00'N 124°50.00'W

     Cape Flattery: 48°23.00'N 124°44.00'W

[]

     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.

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