WSR 11-08-023

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 11-47 -- Filed March 31, 2011, 2:23 p.m. , effective March 31, 2011, 7:00 p.m. ]


Effective Date of Rule: March 31, 2011, 7:00 p.m.

Purpose: Amend commercial fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-52-04600E; and amending WAC 220-52-046.

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 regulation closes Puget Sound Crab Management Regions 3-1, 3-2 and 3-3 on March 31, 2011, as agreed upon in state/tribal management plans adopted for these regions. This regulation maintains the closure of Puget Sound Crab Management Region 2 East and 2 West because the state commercial crab harvest has reached its quota for this area. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: March 31, 2011.

Philip Anderson

Director


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

(1) Effective 7:00 p.m., March 31, 2011, until further notice, it is unlawful to fish for or possess Dungeness crab for commercial purposes in those waters of Puget Sound Crab Management Region 3-1 (which includes Marine Fish-Shellfish Management and Catch Reporting Areas 23A and 23B), Puget Sound Crab Management Region 3-2 (which includes Marine Fish-Shellfish Management and Catch Reporting Areas 23D, 25A and 25E) and Puget Sound Crab Management Region 3-3 (which includes Marine Fish-Shellfish Management and Catch Reporting Areas 23C and 29).

(2) Effective immediately, until further notice, it is unlawful to fish for or possess Dungeness crab for commercial purposes in those waters of Puget Sound Crab Management Region 2 West (which includes Marine Fish-Shellfish Management and Catch Reporting Areas 25B, 25D, and 26A-W) and Puget Sound Crab Management Region 2 East (Marine Fish-Shellfish Management and Catch Reporting Areas 24A, 24B, 24C, 24D and 26A East).

(3) Effective immediately until further notice, it is permissible to fish for Dungeness crab for commercial purposes in the following areas:

(a) Those waters of Marine Fish-Shellfish Management and Catch Reporting Area 20A between a line from the boat ramp at the western boundary of Birch Bay State Park to the western point of the entrance of the Birch Bay Marina and a line from the same boat ramp to Birch Point.

(b) Those waters of Marine Fish-Shellfish Management and Catch Reporting Area 22B in Fidalgo Bay south of a line projected from the red number 4 entrance buoy at Cape Sante Marina to the northern end of the eastern most oil dock.

(c) Those waters of Marine Fish-Shellfish Management and Catch Reporting Area 22A in Deer Harbor north of a line projected from Steep Point to Pole Pass.

(4) Effective immediately until further notice, the following areas are closed to commercial crab fishing:

(a) That portion of Marine Fish-Shellfish Management and Catch Reporting Area 25A west of the 1237.0' longitude line projected from the new Dungeness light due south to the shore of Dungeness Bay.

(b) That portion of Marine Fish-Shellfish Management and Catch Reporting Area 23D west of a line from the eastern tip of Ediz Hook to the ITT Rayonier Dock.

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REPEALER


The following section of the Washington Administrative Code is repealed effective 7:00 p.m. March 31, 2011:


WAC 220-52-04600E Puget Sound crab fishery -- Seasons and areas. (11-01)

Washington State Code Reviser's Office