EMERGENCY RULES
FISH AND WILDLIFE
Effective Date of Rule: October 1, 2007, 8:00 a.m.
Purpose: Amend commercial fishing rules.
Citation of Existing Rules Affected by this Order: Repealing WAC 220-52-04000K; 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: The state may not authorize commercial shellfish harvests 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 court order. The pot limit 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: September 17, 2007.
Loreva M. Preuss
for Jeff Koenings
Director
(1) Dungeness crab pots may be deployed between 8:00 a.m. October 1, 2007 and 7:59 a.m. October 3, 2007 in Puget Sound waters from a vessel not designated on a person's Puget Sound crab license, provided that the primary or alternate operator designated on the license is on board the non-designated vessel ("barge" vessel), and provided prior notice has been given as indicated below.
(2) The license holder must leave a telephone message at the LaConner district office, (360) 466-4345, extension 245, with the following information:
a) Name and license number of license owner.
b) Name of designated primary operator if different from license owner.
c) Name of alternate operator if used to deploy pots from a non-designated vessel.
d) Buoy brand number and number of pots to be deployed from a non-designated vessel.
e) Name and identification numbers (WN and/or Coast Guard) of the non-designated vessel.
(3) Effective 8:00 a.m. October 1, 2007 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), and 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, and 26A-E)
The remaining buoy tags per license per region must be onboard the designated vessel and available for inspection in the pot-limited areas.
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The following section of the Washington Administrative Code is repealed:
| WAC 220-52-04000K | Commercial crab fishery -- Lawful and unlawful gear, methods, and other unlawful acts. (07-205) |