WSR 05-06-034

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 05-30 -- Filed February 24, 2005, 3:15 p.m. , effective February 25, 2005, 6:00 p.m. ]


Purpose: Amend commercial fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-52-04000H and 220-52-04600Z; and amending WAC 220-52-040 and 220-52-046.

Statutory Authority for Adoption: RCW 77.12.240.

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: Pot limit changes for the commercial crab fishery in the Puget Sound licensing district are to maintain commercial harvest allocation objectives. Pot limitations are the primary tool for in-season adjustments of the fishery and may reflect a change in conditions such as harvest rates, or state/treaty balances. The closures are to protect high numbers 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 0, Repealed 2.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: February 23, 2005.

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 220-52-04000J   Commercial crab fishery -- Lawful and unlawful gear, methods, and other unlawful acts.   Notwithstanding the provisions of WAC 220-52-040:

1) Effective 6:00 p.m. February 25, 2005 until further notice, it is unlawful for any person to fish for crabs for commercial purposes with more than 75 pots per license, per buoy tag number in Marine Fish Shellfish Catch Reporting Areas 20A, 20B, 21B, 22A, and 22B. The remaining 25 buoy tags per license must be onboard the designated vessel and available for inspection in the pot limited areas.

(2) Effective immediately until further notice, it is unlawful for any person to fish for crabs for commercial purposes with more than 75 pots per license, per buoy tag number in Marine Fish Shellfish Catch Reporting Areas 23C and 29. The remaining 25 buoy tags per license must be onboard the designated vessel and available for inspection in the pot limited areas.

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REPEALER


The following section of the Washington Administrative Code is repealed effective 6:00 p.m. February 25, 2005:


WAC 220-52-04000H Commercial crab fishery -- Lawful and unlawful gear, methods, and other unlawful acts. (05-04)

NEW SECTION
WAC 220-52-04600A   Crab fishery -- Seasons and areas.   Notwithstanding the provisions of WAC 220-52-046, effective immediately until further notice:

1) It will be lawful to fish for Dungeness Crab for commercial purposes in the following areas:

(a) Those waters of Marine Fish-Shellfish Management and Catch Reporting Area 26A within a line that extends due north from the green number 1 buoy at Scatchet Head to Scatchet Head, thence from the green number 1 buoy at Scatchet Head to the green number 1 buoy at Possession Point, thence due north from the green number 1 buoy at Possession Point to Possession Point through 6:00 p.m. February 28, 2005.

(b) Those waters of Marine Fish-Shellfish Catch Area 26A in Useless Bay north and east of a line from the south end of the Double Bluff State Park seawall (47 58.782"N, 122 30.84'W) projected 110 true to the boulder on shore (47 57.690'N, 122 26.742'W) through 6:00 p.m. February 28, 2005.

(c) That portion of Marine Fish-Shellfish Catch Area 21B in Samish Bay south of a line from Fish Point and Point Williams in water deeper than 60 feet.

2) Marine Fish-Shellfish Management and Catch Reporting Area 26A shall be further defined by the following boundaries:

(a) Area 26A-W shall include those waters of Catch Area 26A south of 25B and northerly of a line from Apple Cove Point to Point Edwards and south and west of a line that extends from Possession Point to the Shipwreck located .8 nautical miles north of Picnic Point.

(b) Area 26A-E shall include those waters of Catch Area 26A south of Areas 24B and 24C and north and east of a line that extends from Possession Point to the Shipwreck located .8 nautical miles north of Picnic Point.

3) Those waters of Marine Fish-Shellfish Management and Catch Reporting Areas 21A, 24B, 23D, 24D, that portion of 24C south of a line drawn from Snatelum Point to Rocky Point, 25A, 25E and 26A-East are closed to the taking or possession of Dungeness crab.

4) Those waters of Marine Fish-Shellfish Management and Catch Reporting Areas 24A and 24C north of a line drawn from Snatelum Point to Rocky Point will close to the taking or possession of Dungeness crab effective 6:00 p.m. February 25, 2005.

5) Those waters of Marine Fish-Shellfish Management and Catch Reporting Areas 25B, 25D and 26A-W are closed to the taking or possession of Dungeness crab effective 6:00 p.m. February 28, 2005.

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REPEALER


The following section of the Washington Administrative Code is repealed effective 6:00 p.m. February 25, 2005:


WAC 220-52-04600Z Crab fishery -- Seasons and areas. (05-20)

Washington State Code Reviser's Office