WSR 06-05-048

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 06-21 -- Filed February 10, 2006, 4:39 p.m. , effective February 15, 2006, 6:00 p.m. ]


     Effective Date of Rule: February 15, 2006, 6:00 p.m.

     Purpose: Amend commercial use fishing rules.

     Citation of Existing Rules Affected by this Order: Repealing WAC 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: This closure complies with state/treaty management agreements which have established closure periods to protect crab during softshell periods. 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

     Date Adopted: February 10, 2006.

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 220-52-04600J   Crab fishery -- Seasons and areas.   Notwithstanding the provisions of WAC 220-52-046, effective, 6:00 p.m. February 15, 2006 until further notice:

     1) It is unlawful to fish for Dungeness Crab for commercial purposes in Marine Fish-Shellfish Management and Catch Reporting Areas 24A, 24B, 24C, 24D and 26A East.

     2) Effective immediately until further notice, 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.

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REPEALER

     The following section of the Washington Administrative Code is repealed effective 6:00 p.m. February 15, 2006:


WAC 220-52-04600G Crab fishery -- Seasons and areas. (05-282)