EMERGENCY RULES
FISH AND WILDLIFE
Effective Date of Rule: August 15, 2010.
Purpose: Amend commercial fishing rules.
Citation of Existing Rules Affected by this Order: Repealing WAC 220-52-04000R; and amending WAC 220-52-040.
Statutory Authority for Adoption: RCW 77.12.047, 77.04.020, and 77.70.430.
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 rule is necessary to avoid harvest of soft-shelled Dungeness crab. The weekly landing limit and period is necessary to mitigate handling mortality from sorting soft-shelled crab and is in conformity with the coastal Dungeness crab summer fishery management plan. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: August 12, 2010.
Philip Anderson
Director
(1) It is unlawful for any person licensed to fish under a Dungeness crab--coastal fishery license to possess or land crab in excess of 4,000 pounds taken during each of the following coastal crab accounting periods:
August 15 through August 21, 2010;
August 22 through August 28, 2010;
August 29 through September 4, 2010;
September 5 through September 11, 2010;
September 12 through September 15, 2010.
(2) Any crab taken prior to August 15, 2010, and not
landed before 11:59 p.m. August 14, 2010, become part of the
August 15 through August 21, 2010, accounting period catch.
(3) It is unlawful for any person taking crab under subsection (1) of this section to fish for crab during any accounting period while having on board any crab taken in a different accounting period.
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The following section of the Washington Administrative
Code is repealed effective August 15, 2010:
| WAC 220-52-04000R | Coastal crab fishery -- Weekly trip limits. (10-177) |