EMERGENCY RULES
FISH AND WILDLIFE
Date of Adoption: December 14, 1999.
Purpose: Commercial fishing rules.
Citation of Existing Rules Affected by this Order: Amending WAC 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: This rule provides for tribal fishing pursuant to the state/tribal management plan. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0. Effective Date of Rule: Immediately.
December 14, 1999
J. P. Koenings
Director
by Larry Peck
Notwithstanding the provisions of WAC 220-52-040, it is lawful for licensed wholesale dealers to possess male Dungeness crab measuring greater than 6 inches across the back immediately in front of the tips if those crab were taken by a treaty Indian fisher fishing in a tribal authorized commercial fishery scheduled in conformity with a state-tribal management plan that allows for the commercial harvest of crab greater than six inches in width.
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