Purpose: Commercial rules.

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

Statutory Authority for Adoption: RCW 75.08.080.

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 closures in this emergency rule are necessitated by federal court order. The state may not authorize commercial shellfish harvests absent agreed planning or compliance with a process. Agreed plans with applicable tribes have been entered as required by the court order. Such plans have the effect of a federal court order. 898 F. Supp 1453, 1466, 3.1. Pursuant to RCW 34.04.350 [34.05.350], the need to comply with such federal court orders in the form of allocative management plans constitutes an emergency that requires by passing the time periods inherent in permanent rule making. Failure to comply with such plans may result in contempt of federal court or failure of all commercial crab fishing in a given region addressed by a plan.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, amended 0, repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.

Effective Date of Rule: March 16, 1998, 12:01 a.m.

March 13, 1998

Bern Shanks

Director

WAC 220-52-04600B  Crab fishery--Seasons, areas and gear restrictions. Notwithstanding the provisions of WAC 220-52-046, it is unlawful to fish for Dungeness crab for commercial purposes in Puget Sound except during the times and in the areas provided for in this section.

(1) The following areas are closed to non-Indian commercial crab fishing during the periods indicated:

(a) Those waters of Marine Fish/Shellfish Management and Catch Reporting Areas 20A, 21A, and 21B are closed from February 16, 1998 through April 15, 1998.

(b) Those waters of Marine Fish/Shellfish Management and Catch Reporting Area 20B east of a line from Point Doughty on Orcas Island to the bell buoy at the international boundary are closed from February 16, 1998 through April 15, 1998.

(c) Those waters of Marine Fish/Shellfish Management and Catch Reporting Area 22A north and east of a line from Clark Point on Guemes Island to Toe Point on Cypress Island, thence to Lawrence Point on Orcas Island are closed from February 16, 1998 through April 15, 1998.

(d) Those waters of Marine Fish/Shellfish Management and Catch Reporting Area 22B north of a line from William Point to Clark Point on Guemes Island, thence to Toe Point on Cypress Island are closed from February 16, 1998 through April 15, 1998.

(e) Those waters of Marine Fish/Shellfish Management and Catch Reporting Areas 23A, 23B, 23C, 23D. 25A, 25E, and 29 are closed from March 16, 1998 through April 15, 1998.

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Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.

REPEALER

The following section of the Washington Administrative Code is repealed effective 11:59 p.m March 15, 1998:

WAC 220-52-04600A Crab fishery--Seasons, areas and gear restrictions. (98-18)

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