WSR 15-19-017 EMERGENCY RULES DEPARTMENT OF FISH AND WILDLIFE [Order 15-315—Filed September 3, 2015, 2:54 p.m., effective September 7, 2015] Effective Date of Rule: September 7, 2015.
Purpose: Amend coastal commercial crab fishing rules.
Citation of Existing Rules Affected by this Order: Repealing WAC 220-52-04400A; and amending WAC 220-52-044.
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: Washington department of fish and wildlife permitted gear recovery is allowed by permanent regulation fifteen days following the close of the commercial season. Because of an early fishery closure in the area between Point Chehalis and the Washington/Oregon border, an earlier start to the permitted gear recovery gives participants more time to recover lost gear before weather conditions become prohibitive to safe gear recovery efforts. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: September 3, 2015.
J. W. Unsworth
Director
NEW SECTION
WAC 220-52-04400A Coastal crab fishery—Coastal crab gear recovery permit.
Notwithstanding the provisions of WAC 220-52-044, effective September 7 through October 31, 2015, a coastal crab gear recovery permit may be granted by the director or his or her designee for licensed coastal Dungeness crab fishers to recover crab pots belonging to state licensed fishers that remain in the ocean in the coastal waters between the Washington/Oregon border (46°15.00) and Point Chehalis, Washington (46°53.18), including the Columbia River and Willapa Bay. No crab may be retained on any vessel engaged in permitted gear recovery activities or while recovered gear is on board the vessel.
REPEALER
The following section of the Washington Administrative Code is repealed effective November 1, 2015:
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