WSR 00-06-009

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 00-20 -- Filed February 18, 2000, 4:56 p.m. , effective February 21, 2000, 6:00 p.m. ]

Date of Adoption: February 17, 2000.

Purpose: Commercial and personal use rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-52-04600U; and 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: Test fishing and sampling results from the Lopez Sound portion of Marine Fish/Shellfish Management and Catch Reporting Area 22A and Catch Record Card Area 7 do not meet hardshell criteria established by agreed state/tribal harvest plans. Other area closures are necessary to meet agreed allocations of resources as established by state/tribal harvest plans. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: February 21, 2000, 6:00 p.m.

February 17, 2000

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 220-52-04600X
Commercial crab fishery--Softshell and allocation closures.

Notwithstanding the provisions of WAC 220-52-046, effective 6:00 p.m. February 21 until further notice, the following areas are closed to commercial crab fishing:

(1) That portion of Marine Fish/Shellfish Catch Area 22A south of a line extending from Upright Head to the green flashing marker on the southwest tip of Obstruction Island; west of a line extending due south from the green flashing marker on the southwest tip of Obstruction Island to Blakely Island; west of a line drawn from the red flashing buoy at the southern tip of Blakely Island across Thatcher Pass to the white flashing marker at Fauntleroy Point on the northwest corner of Decatur Island and west of a line drawn due south through Lopez Pass from the red flashing marker on the southern tip of Decatur Island to the point of land across Lopez Pass on Lopez Island and east of Lopez Island.

(2) Those waters of Marine Fish-Shellfish Management and Catch Reporting Area 25A west of a line from the new Dungeness Light to the outermost tip of the abandoned dock at the Three Crabs Restaurant.

(3) Those waters of Marine Fish-Shellfish Management and Catch Reporting Area 25E south of a line from Contractors Point to Tukey Point.

(4) All waters of Marine Fish/Shellfish Management and Catch Reporting Areas 24A, 24B, 24C, 24D, and the portion of Marine Fish/Shellfish Catch Area 26A north of line from the south tip of Possession Point on Whidbey Island to the shipwreck north of Picnic Point.

[]


REPEALER


The following section of the Washington Administrative Code is repealed effective 6:00 p.m. February 21, 2000:


WAC 220-52-04600U Crab fishery--Seasons and areas. Exceptions to permanent rules. (00-14)

NEW SECTION
WAC 220-56-33000W
Personal use crab fishery--Softshell closures.

Notwithstanding the provisions of WAC 220-56-330, effective 6:00 p.m. February 21 until further notice, it is unlawful to fish for Dungeness crab using shellfish pot gear for personal use from the portion of Catch Record Card Area 7 south of a line extending from Upright Head to the green flashing marker on the southwest tip of Obstruction Island; west of a line extending due south from the green flashing marker on the southwest tip of Obstruction Island to Blakely Island; west of a line drawn from the red flashing buoy at the southern tip of Blakely Island across Thatcher Pass to the white flashing marker at Fauntleroy Point on the northwest corner of Decatur Island and west of a line drawn due south through Lopez Pass from the red flashing marker on the southern tip of Decatur Island to the point of land across Lopez Pass on Lopez Island and east of Lopez Island.

[]

Washington State Code Reviser's Office