WSR 11-23-001

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 11-292 -- Filed November 2, 2011, 2:39 p.m. , effective November 5, 2011, 7:00 p.m. ]


Effective Date of Rule: November 5, 2011, 7:00 p.m.

Purpose: Amend commercial fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-52-04000H and 220-52-04600L; 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: The provisions of this rule are in conformity with agreed plans with applicable tribes, which have been entered as required by court order. The Puget Sound commercial season is structured to meet harvest allocation objectives. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 2.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: November 2, 2011.

James B. Scott, Jr.

for Philip Anderson

Director


NEW SECTION
WAC 220-52-04600M   Puget Sound crab fishery -- Seasons and areas.   Notwithstanding the provisions of WAC 220-52-046, effective 7:00 p.m. November 5, 2011, until further notice, all Puget Sound Crab Management Regions are closed to commercial crab fishing. The Puget Sound Crab Management Regions include Marine Fish-Shellfish Management and Catch Reporting Areas 20A, 20B, 21A, 21B, 22A, 22B, 23A, 23B, 23C, 23D, 24A, 24B, 24C, 24D, 25A, 25B, 25D, 26AW, 26AE, and 29.

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REPEALER


The following sections of the Washington Administrative Code are repealed effective 7:00 p.m. November 5, 2011:


WAC 220-52-04000H Commercial crab fishery -- Lawful and unlawful gear, methods, and other unlawful acts. (11-288)
WAC 220-52-04600L Puget Sound crab fishery -- Seasons and areas. (11-288)

Washington State Code Reviser's Office