WSR 06-21-103

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 06-272 -- Filed October 17, 2006, 11:27 a.m. , effective October 17, 2006, 6:30 p.m. ]


     Effective Date of Rule: October 17, 2006, 6:30 p.m.

     Purpose: Amend commercial fishing rules.

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

     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: Pot limit changes for the commercial crab fishery in the Puget Sound licensing district is to maintain commercial harvest allocation plans. 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 2.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: October 17, 2006.

J. P. Koenings

Director


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

     (1) Effective 6:30 p.m. October 17, 2006 until further notice, it is unlawful for any person to fish for crabs for commercial purposes with more than 50 pots per license, per buoy tag number in Crab Management Region 1 (which includes Marine Fish Shellfish Catch Reporting Areas 20A, 20B, 21A, 21B, 22A, and 22B. The remaining 50 buoy tags per license must be onboard the designated vessel and available for inspection in the pot-limited areas.

     (2) Effective 6:30 p.m. October 17, 2006 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 Crab Management Region 2 East (which includes Marine Fish Shellfish Catch Reporting Areas 24A, 24B, 24C, 24D, 26A-E). The remaining 25 buoy tags per license must be onboard the designated vessel and available for inspection in the pot-limited areas.

     (3) No commercial crab pots are allowed to be set, pulled or fished west of the 123°6.5' longitude line projected from the new Dungeness light due south to the shore of Dungeness Bay.

[]

     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.
REPEALER

     The following sections of the Washington Administrative Code are repealed effective 6:30 p.m. October 17, 2006:


WAC 220-52-04000Y Commercial crab fishery -- Lawful and unlawful gear, methods, and other unlawful acts. (06-245)
WAC 220-52-04000Z Commercial crab fishery -- Lawful and unlawful gear, methods, and other unlawful acts. (06-271)

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