WSR 03-04-046

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 03-10 -- Filed January 28, 2003, 4:26 p.m. , effective February 2, 2003, 12:01 a.m. ]

Date of Adoption: January 28, 2003.

Purpose: Amend commercial fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-52-04600N; 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 made to be consistent with state/tribal management plans. The closure of Areas 23A, 23B, 25D, 25B, 25C, and 26A West is to maintain state commercial quota plans. The closure of Areas 24A, 24B, 24C, 24D, and 26A East 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: February 2, 2003, 12:01 a.m.

January 28, 2003

J. P. Koenings

Director


NEW SECTION
WAC 220-52-04600Q   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, 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.

(b) Effective immediately until 12:01 a.m. February 16, 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.

(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 12:01 a.m. February 2, 2003 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, 23B, 25D, 25B, 25C and 26A West.

(b) Effective 12:01 a.m. February 16, 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 Areas 24A, 24B, 24C, 24D, and 26A East.

[]


REPEALER


The following section of the Washington Administrative Code is repealed effective 12:01 a.m. February 2, 2003:


WAC 220-52-04600N Crab fishery--Seasons and areas. (02-305)

Legislature Code Reviser 

Register

Washington State Code Reviser's Office