EMERGENCY RULES
FISH AND WILDLIFE
Date of Adoption: November 27, 2001.
Purpose: Amend commercial fishing rules.
Citation of Existing Rules Affected by this Order: Repealing WAC 220-52-04000E and 220-52-04600X; and amending WAC 220-52-040 and 220-52-046.
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 regulation carries over the adjustments of the Useless Bay and Cultus Bay commercial zones to reflect current state/tribal management plans. Carries over the closure in Crab Management Region 2E until it reopens on January 2, 2002, repeals the eighty pot limit in Crab Management Region 1 on November 29, 2001, and imposes a fifty pot limit in Crab Region 2E on January 2, 2002, when it reopens. Pot limits and closures are in season adjustments to maintain commercial harvest allocation 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 0, Repealed 2.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.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Repealed 0;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Repealed 0;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Repealed 0.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:
November 29, 2001, 8:00 a.m.
November 27, 2001
J. P. Koenings
Director
by Larry Peck
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(1) Effective immediately until further notice, commercial crab harvest is allowed in those waters of Marine Fish-Shellfish Management and Catch Reporting Area 26A within a line that extends due north from the green number 1 buoy at Scatchet Head to Scatchet Head, thence from the green number 1 buoy at Scatchet Head to the green number 1 buoy at Possession Point, thence due north from the green number 1 buoy at Possession Point to Possession Point.
(2) Effective immediately until further notice, commercial crab harvest is allowed in those waters of 26A north and east of a line from the south end of the Double Bluff State Park seawall (47° 58.78'N, 122° 30.84'W) projected 110° true to the boulder on shore (47° 57.69'N, 122° 26.74'W).
(3) Effective immediately until 8:00 a.m. January 2, 2002, commercial crab fishing will be closed in all waters of Marine Fish-Shellfish Management and Catch Reporting Areas 24A, 24B, 24C, 24D, and those waters of Possession Sound in Marine Fish-Shellfish Management and Catch Reporting Area 26A north of a line that extends 110° true from Possession Point to the shipwreck.
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The following sections of the Washington Administrative Code are repealed effective 8:00 a.m. November 29, 2001:
| WAC 220-52-04000E | Crab pot limits. (01-255) |
| WAC 220-52-04600X | Crab fishery--Seasons and areas. (01-255) |