EMERGENCY RULES
FISH AND WILDLIFE
Date of Adoption: December 11, 2002.
Purpose: Amend commercial fishing regulations.
Citation of Existing Rules Affected by this Order: Repealing WAC 220-52-04000J and 220-52-04600L; 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 coastal crab fishery opening was delayed by a work stoppage and severe weather onset near the scheduled opening, thus gear that should have been set was not. This rule provides for safety in setting gear, and provides for the economic well being of the industry. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 2.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.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Repealed 0;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Repealed 0;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Repealed 0.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:
Immediately.
December 11, 2002
J. P. Koenings
Director
by Larry Peck
(1) It is lawful for a vessel not designated on a Dungeness crab-coastal fishery license to be used to deploy shellfish pot gear effective immediately through 11:59 p.m. December 24, 2002, provided that:
(a) Such a vessel may not carry aboard more than 250 shellfish pots at any one time.
(b) The lawful owner of the shellfish pot gear must be aboard the vessel when the gear is being deployed.
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The following sections of the Washington Administrative Code are repealed:
| WAC 220-52-04000J | Barging of crab pots by undesignated vessels. (02-288) |
| WAC 220-52-04600L | Crab fishery--Areas and seasons. (02-288) |