WSR 02-15-124

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 02-163 -- Filed July 19, 2002, 2:12 p.m. ]

Date of Adoption: July 19, 2002.

Purpose: Amend commercial fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-52-04000G; 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 soft shelled crab and is in conformity with the Coastal Dungeness Crab Summer Fishery 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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

July 19, 2002

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 220-52-04000G   Coastal crab fishery -- Weekly trip limits.   Notwithstanding the provisions of WAC 220-52-040: effective immediately until further notice:

(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 2,500 pounds taken during each of the following coastal crab accounting periods:

July 21 through July 27;

July 28 through August 3;

August 4 through August 10;

August 11 through August 17;

August 18 through August 24;

August 25 through August 31;

September 1 through September 7;

September 8 through September 15, 2002

(2) Any crab taken prior to July 21, 2002, and not landed before 11:59 p.m. July 20, 2002, becomes part of the July 21 through July 27 accounting period catch.

(3) Beginning July 28, 2002, 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 effective 12:01 a.m. September 16, 2002:


WAC 220-52-04000G Coastal crab fishery -- Weekly trip limits.

Washington State Code Reviser's Office