WSR 01-04-009

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 01-10 -- Filed January 25, 2001, 3:00 p.m. ]

Date of Adoption: January 25, 2000 [2001].

Purpose: Amend commercial fishing rules.

Citation of Existing Rules Affected by this Order: Amending WAC 220-52-040.

Statutory Authority for Adoption: RCW 77.12.047.

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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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

January 25, 2001

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 220-52-04000V   Commercial crab size restriction.   Notwithstanding the provisions of WAC 220-52-040, effective immediately until further notice 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 crabs were taken by a treaty Indian fisher fishing in Marine Fish/Shellfish Management and Catch Reporting Areas 27A, 27B and 27C.

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Washington State Code Reviser's Office