WSR 15-13-017 EMERGENCY RULES DEPARTMENT OF FISH AND WILDLIFE [Order 15-165—Filed June 5, 2015, 3:00 p.m., effective June 5, 2015, 3:00 p.m.] Effective Date of Rule: Immediately upon filing.
Purpose: Amend recreational fishing rules for the coastal crab fishery.
Citation of Existing Rules Affected by this Order: Amending WAC 220-56-330.
Statutory Authority for Adoption: RCW 77.04.012, 77.04.020, and 77.12.047.
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: A closure is needed after routine testing showed domoic acid levels in crab exceeded standards established by the Washington department of health. Domoic acid, a natural toxin produced by certain types of marine algae, can be harmful or even fatal if consumed in sufficient quantities. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 5, 2015.
J. W. Unsworth
Director
NEW SECTION
WAC 220-56-33000R Crab—Areas and seasons.
Notwithstanding the provisions of WAC 220-56-330:
(1) Effective immediately until further notice, it is unlawful to fish for Dungeness crab in Marine Area 1 adjacent to Washington and that portion of Marine Area 2 south of Point Chehalis (46°53.18), Washington including Marine Area 2-1 (Willapa Bay), and the Columbia River.
(2) Effective 12:01 a.m. June 10, 2015, it is unlawful to set, maintain, operate, or possess in those waters, any baited or unbaited shellfish pots or ring nets for any reason.
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