WSR 98-18-084

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[Order 98-181--Filed September 1, 1998, 4:16 p.m.]

Date of Adoption: September 1, 1998.

Purpose: Commercial fishing regulations.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-52-04600E; and amending WAC 220-52-046 and 220-52-040.

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: Earlier than normal molting activity has resulted in high abundance of softshelled crabs. These regulations are necessary to conserve the coastal Dungeness crab resource by preventing harvest of large amounts of poor quality crab, wastage of the resource, and a disorderly fishery. There is insufficient time to promulgate 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 2, amended 0, repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.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

September 1, 1998

Evan Jacoby

for Bern Shanks

Director

NEW SECTION

WAC 220-52-04600F  Coastal crab season Notwithstanding the provisions of WAC 220-52-046, effective 5:00 p.m. September 3, 1998, until further notice, it is unlawful to fish for, possess, transport through the waters of the state or land in any Washington port Dungeness crab taken from Marine Fish-Shellfish Management and Catch Reporting Areas 58B, 59A-1, 59A-2, 59B, 60A-1, 60A-2, 60B, 60C, or 60D..

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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.

NEW SECTION

WAC 220-52-04000H  Crab fishery--Lawful and unlawful Notwithstanding the provisions of WAC 220-52-040, effective 12:01 a.m. September 9, 1998, until further notice, it is unlawful to set, operate, or maintain crab gear in Marine Fish-Shellfish Management and Catch Reporting Areas 58B, 59A-1, 59A-2, 59B, 60A-1, 60A-2, 60B, 60C, or 60D. All crab in crab pot gear pulled after 5:00 p.m. September 3, 1998 must be returned to the water.

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REPEALER

The following section of the Washington Administrative Code is repealed effective 5:00 p.m. September 3, 1998:

WAC 220-52-04600E Coastal crab season. (98-114)