WSR 09-12-119

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 09-104 -- Filed June 3, 2009, 9:18 a.m. , effective June 3, 2009, 9:18 a.m. ]


Effective Date of Rule: Immediately.

Purpose: Amend personal use fishing rules.

Citation of Existing Rules Affected by this Order: Amending WAC 220-56-330.

Statutory Authority for Adoption: RCW 77.12.047 and 77.04.020.

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 emergency rule is needed to align opening dates in order to comply with state and tribal harvest management agreements. There is insufficient time to adopt 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: June 3, 2009.

Philip Anderson

Director


NEW SECTION
WAC 220-56-33000E   Crab -- Areas and seasons.   Notwithstanding the provisions of WAC 220-56-330, effective immediately until further notice, it is unlawful to fish for crab for personal use in Marine Areas 6, 7, 8-1, 8-2, 9, 10, 11, and 12 except as provided herein:

1) Effective 7:00 a.m. July 1 through September 7, 2009, a person may fish for or possess crab Wednesdays, Thursdays, Fridays and Saturdays in the waters of Area 6, 8-1, 8-2, 9, 10, and 11. Except a person may fish for crab September 6 through September 7, 2009, Sunday through Monday (all of Labor Day weekend).

2) Effective 7:00 a.m. July 15 through September 30, 2009, a person may fish for or possess crab Wednesdays, Thursdays, Fridays and Saturdays in the following Marine Sub Areas:

a) Marine Sub Area 7 South, the San Juan Islands, defined as those waters of Area 7 south and west of a line projected from Village Point, Lummi Island, through the navigation buoy just east of Matia Island, thence to the buoy at Clements Reef, thence to the easternmost point of Patos Island, thence running along the north shore of Patos Island to the westernmost point of Patos Island, thence due west to the international boundary; westerly of a straight line from the northernmost tip of Sinclair Island through Lummi Rocks to Lummi Island; and west of a line projected from the southeast point of Sinclair Island to the ferry dock at Shannon Point. Except a person may fish for crab September 6 through September 7, 2009, Sunday through Monday (all of Labor Day weekend).

b) Marine Sub Area 7 East, Anacortes to Bellingham, defined as those waters of Area 7 south of a line that extends from Point Francis on Portage Island, through the marker just north of Inati Bay on Lummi Island to Lummi Island and south and east of a line projected from Village Point, Lummi Island through the navigation buoy just east of Matia Island thence to the buoy at Clements Reef thence to the easternmost point of Patos Island, running along the northern shoreline of Patos Island and from the westernmost point of Patos Island due west to the international boundary. Except a person may fish for crab September 6 through September 7, 2009, Sunday through Monday (all of Labor Day weekend).

3) Effective 7:00 a.m. August 12 through September 30, 2009, a person may fish for or possess crab Wednesdays, Thursdays, Fridays and Saturdays in the waters of Area 7 (Sub Area 7 North - Lummi Bay to Point Roberts) north of a line that extends from Point Francis on Portage Island, through the marker just north of Inati Bay on Lummi Island to Lummi Island and south and east of a line projected from Village Point, Lummi Island through the navigation buoy just east of Matia Island thence to the buoy at Clements Reef thence to the easternmost point of Patos Island, running along the northern shoreline of Patos Island and from the westernmost point of Patos Island due west to the international boundary. Except a person may fish for crab September 6 through September 7, 2009, Sunday through Monday (all of Labor Day weekend).

4) Effective 7:00 a.m. July 29, 2009 through January 2, 2010, a person may fish for or possess crab Wednesdays, Thursdays, Fridays and Saturdays in Marine Area 12 (Hood Canal). Except a person may fish for crab September 6 through September 7, 2009, Sunday through Monday (all of Labor Day weekend).

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Washington State Code Reviser's Office