WSR 01-17-050

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 01-164 -- Filed August 10, 2001, 2:00 p.m. , effective August 12, 2001. ]

     Date of Adoption: August 10, 2001.

     Purpose: Commercial fishing rules.

     Citation of Existing Rules Affected by this Order: Repealing WAC 220-52-04000A; and 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: The weekly landing limit and period is necessary to mitigate handling mortality from sorting softshell crab. 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: August 12, 2001.

August 10, 2001

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 220-52-04000B   Coastal crab fishery -- Weekly trip limits   Notwithstanding the provisions of WAC 220-52-040:

     (1) It is unlawful for any person licensed to fish under a Dungeness crab-coastal fishery license to possess or land crab in excess of 4,000 pounds of crab taken during each of the following coastal crab accounting periods:

     August 12 through August 18;

     August 19 through August 25;

     August 26 through September 1;

     September 2 through September 8;

     September 9 through September 15, 2001.

     (2) Any crab taken prior to August 12, 2001, and not landed before 11:59 p.m. August 11, 2001, become part of the August 12 through August 18 accounting period catch.

     (3) It is unlawful for any person taking crab under subsection (1) of this section to fish for crab during any accounting period while having on board any crab taken in a different accounting period.

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REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 220-52-04000A Coastal crab fishery - Weekly trip limits. (01-156)

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