WSR 02-15-039

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 02-152 -- Filed July 11, 2002, 2:29 p.m. , effective July 12, 2002, 6:00 a.m. ]

Date of Adoption: July 11, 2002.

Purpose: Amend personal use rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-56-33000M; and amending WAC 220-56-330.

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 emergency regulation is necessary to open a portion of Marine Area 7 to the recreational crab fishery. In other areas Dungeness crab meet or exceed hard shell criteria and are available for recreational harvest in Marine Areas 4, 5, 6, 9, 10, 11, 12, 13, 8-1 and 8-2. The daily restrictions in Marine Areas 8-1 and 8-2 are to maintain allocation goals. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: July 12, 2002, 6:00 a.m.

July 11, 2002

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 220-56-33000N   Crab -- Areas and seasons.   Notwithstanding the provisions of WAC 220-56-330, effective immediately until further notice, it is unlawful to fish for crab for personal use in all waters of Puget Sound except as provided herein:

(1) Effective immediately until further notice, it is lawful to fish for crab for personal use in Marine Areas 4, 5, 6, 9, 10, 11, 12 and 13.

(2) Effective immediately until further notice, it is lawful to fish for crab for personal use in Marine Areas 8-1 and 8-2. The fishery is open Fridays through Mondays.

(3) Effective 6:00 a.m. July 12, 2002 until further notice, it is lawful to fish for crab for personal use in all waters of Bellingham Bay and in the San Juan Islands and in the Anacortes to Bellingham portion of Marine Area 7 south of a line that extends from Point Francis on Portage Island, through the marker just north of Inati Bay on Lummi Island to Lummi Island and south and east of a line projected from Village Point, Lummi Island through the navigation buoy just east of Matia Island thence to the buoy at Clements Reef thence to the easternmost point of Patos Island, running along the northern shoreline of Patos Island and from the westernmost point of Patos Island due west to the international boundary.

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REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 220-56-33000M Crab -- Areas and seasons. (02-130)

Washington State Code Reviser's Office