WSR 03-02-019

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 02-305 -- Filed December 20, 2002, 4:06 p.m. , effective January 1, 2003, 12:01 a.m. ]

Date of Adoption: December 19, 2003 [2002].

Purpose: Amend commercial fishing regulations.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-52-04000K and 220-52-04600M; 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: Adjustments made to boundaries of noncommercial zones to be consistent with state/tribal management plans. The closure of Areas 23A and 23B is to maintain state commercial quota plans in those regions. The closure of the Everett flats area of Areas 26A and 24B is due to high percentages of soft crab. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 0, Repealed 2.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: January 1, 2003, 12:01 a.m.

December 19, 2002

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 220-52-04000M   Commercial crab fishery -- Exceptions to permanent rules for pot limits.   Notwithstanding the provisions of WAC 220-52-040, effective immediately until further notice, it is unlawful to fish for crabs for commercial purposes with more than 50 pots per license, per buoy tag number in Marine Fish-Shellfish Management and Catch Reporting Areas 20A, 20B, 21A, 21B, 22A and 22B.

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NEW SECTION
WAC 220-52-04600N   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 as provided herein:

(a) Effective immediately until further notice, 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 March 31, 2003, 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.

(c) Effective immediately until March 14, 2003, those waters of 26A north and east of a line from the south end of the Double Bluff State Park seawall (47 58.782"N, 122 30.84'W) projected 110 true to the boulder on shore (47 57.690'N, 122 26.742'W).

(d) Effective immediately until further notice, that portion of Marine Fish/Shellfish Catch Area 21B in Samish Bay south of a line from Fish Point and Point Williams in water deeper than 60 feet.

(e) Effective immediately until further notice, all waters of Marine Fish/Shellfish Catch Area 25D.

(2) Notwithstanding the provisions of WAC 220-52-046, it is unlawful to fish for Dungeness Crab for commercial purposes as provided herein:

(a) Effective immediately until further notice, it is unlawful to fish for or possess crab taken for commercial purposes from those waters of Marine Fish-Shellfish Management and Catch Reporting Areas 23A and 23B.

(b) Effective 12:01 a.m. January 1, 2003 until further notice, it is unlawful to fish for or possess commercial crab taken from those waters of Marine Fish-Shellfish Management and Catch Reporting Area 26A east of a line from Howarth Park due north to the south end of Gedney Island and that portion of 24B east of a line from the north end of Gedney Island to Camano Head and south of a line drawn from Camano Head to Hermosa Point.

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REPEALER


The following sections of the Washington Administrative Code are repealed effective 12:01 a.m. January 1, 2003:


WAC 220-52-04000K Commercial crab fishery--Exceptions to permanent rules for pot limits. (02-295)
WAC 220-52-04600M Crab fishery--Seasons and areas. (02-295)

Washington State Code Reviser's Office