WSR 10-01-016

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 09-263 -- Filed December 4, 2009, 2:15 p.m. , effective December 7, 2009, 7:00 p.m. ]


Effective Date of Rule: December 7, 2009, 7:00 p.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 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: Daily catch rates have exceeded projections and as a result the state's quota will be taken prematurely in Crab Management Region 2 East unless pot limit restrictions are implemented. Closure of the Everett Flats area is to prevent fishery mortality on soft shelled crab and complies with the state/treaty management plan for this region. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: December 4, 2009.

Lori Preuss

for Philip Anderson

Director


NEW SECTION
WAC 220-52-04000M   Commercial crab fishery -- Lawful and unlawful gear, methods, and other unlawful acts.   Notwithstanding the provisions of WAC 220-52-040, effective 7:00 p.m. December 7, 2009 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 Management and Catch Reporting Areas 20A, 20B, 21A, 21B, 22A and 22B) and 50 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-East).

The remaining buoy tags per license per region must be onboard the designated vessel and available for inspection in Crab Management Regions 1 and 2 East.

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NEW SECTION
WAC 220-52-04600L   Puget Sound crab fishery -- Seasons and areas.   Notwithstanding the provisions of WAC 220-52-046:

Effective 7:00 p.m. on December 31, 2009, until further notice, it will be unlawful to fish for Dungeness Crab for commercial purposes in those waters of Marine Fish Shellfish Management and Catch Reporting Area 26A within the area east of a line from the spiral staircase at Howarth Park due north to the south end of Gedney Island, and that portion of 24B east of a line from the north end of Gedney Island to Camano Head and south of a line drawn from Camano Head to Hermosa Point (north end of Tulalip Bay).

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REPEALER


The following section of the Washington Administrative Code is repealed effective 7:00 p.m. December 7, 2009:


WAC 220-52-04000K Commercial crab fishery -- Lawful and unlawful gear, methods, and other unlawful acts. (09-257)

Washington State Code Reviser's Office