WSR 02-22-042

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 02-276 -- Filed October 29, 2002, 2:42 p.m. , effective October 31, 2002, 11:59 p.m. ]

Date of Adoption: October 29, 2002.

Purpose: Amend commercial fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-52-04600H; and amending WAC 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: Adjustments made to boundaries of noncommercial zones are consistent with state/tribal management plans. The closures are to maintain state commercial quota plans in those regions. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: October 31, 2002, 11:59 p.m.

October 29, 2002

Evan Jacoby

for Jeff Koenings

Director


NEW SECTION
WAC 220-52-04600I   Crab fishery -- Seasons and areas.   (1) Notwithstanding the provisions of WAC 220-52-046, it is lawful to fish for Dungeness Crab for commercial purposes in the following areas:

(a) Effective immediately until further notice, 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.

(b) Effective immediately until further notice, in those waters of Marine Fish-Shellfish Management and Catch Reporting Area 26A east and north of a line that extends from Possession Point to the green number 1 buoy at Possession Point thence following the 200 foot contour northward to a point due east from the Glendale Dock, thence extending due west to the Whidbey Island shore.

(2) Effective 11:59 p.m. October 31, 2002 until further notice, commercial harvest will be closed in those waters of Marine Fish-Shellfish Management and Catch Reporting Areas 20A, 20B, 21A, 21B, 22A, 22B, 23A, 26A West, 25B, 25D, and 23B except that for the 48 hour period after October 31, 2002, crab fishers may continue to remove their gear from the grounds. No crab may be landed from or possessed from these areas after 11:59 p.m. October 31, 2002:

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Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
REPEALER


The following section of the Washington Administrative Code is repealed effective 11:59 p.m. October 31, 2002:


WAC 220-52-04600H Crab fishery -- Seasons and areas. (02-228)

Washington State Code Reviser's Office