WSR 07-22-024

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 07-269 -- Filed October 26, 2007, 1:58 p.m. , effective October 29, 2007, 7:00 a.m. ]


Effective Date of Rule: October 29, 2007, 7:00 a.m.

Purpose: Amend commercial fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-52-04000M; 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: October 26, 2007.

J. P. Koenings

Director


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

(1) Effective immediately until further notice, no commercial crab pots are allowed to be set, pulled or fished west of the longitude line 1237.0' projected from the

southern shoreline of Dungeness Spit due south to the shore of Dungeness Bay.

(2) Effective immediately 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 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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REPEALER

The following section of the Washington Administrative Code is repealed effective 7:00 a.m. October 29, 2007:


WAC 220-52-04000M Commercial crab fishery -- Lawful and unlawful gear, methods, and other unlawful acts. (07-265)

Washington State Code Reviser's Office