WSR 98-20-038
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 98-207--Filed September 29, 1998, 4:55 p.m.]
Date of Adoption: September 29, 1998.
Purpose: Commercial and recreational fishing regulations.
Citation of Existing Rules Affected by this Order: Amending WAC 220-52-046 and 220-56-330.
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: Recent state and tribal crab test fishing indicate that approximately forty percent of legal size male crab in the affected areas are in a soft shell condition. The crab pot management agreements is far exceeded. Closure of this area to crab pot fishing is necessary to prevent unacceptable handling mortality and resource loss. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 2, amended 0, repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.
Effective Date of Rule: Immediately.
September 29, 1998
Larry W. Peck
Acting Director
NEW SECTION
WAC 220-52-04600G Crab fishery--Seasons and areas. Notwithstanding the provisions of WAC 220-52-046, effective immediately until further notice, it is unlawful to fish for or possess crab taken for commercial purposes from Marine Fish Shellfish Catch Area 24B, the portion of Marine Fish Shellfish Catch Area 24C south of a line from East Point on Whidbey Island to Lowell Point on Camano Island, and the portion of Marine Fish Shellfish Catch Area 26A north of a line from the south tip of Possession Point on Whidbey Island to Picnic Point.
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NEW SECTION
WAC 220-56-33000K Crab--Areas and seasons. Notwithstanding the provisions of WAC 220-56-330, effective 8:00 a.m. October 1, 1998, until further notice, it is unlawful to fish for or possess crab taken for personal use with shellfish pot gear from waters of Marine Area 8-2 east and south of a line from East Point on Whidbey Island to Lowell Point on Camano Island, all waters of Marine Area 9 north of a line from the south tip of Possession Point on Whidbey Island to Picnic Point.
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