WSR 05-02-002

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 04-328 -- Filed December 22, 2004, 1:59 p.m. , effective December 22, 2004 ]


Purpose: Amend commercial fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-52-04600U; 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: The state has determined that the crabmeat recovery rate is below the agreed rate that allows opening of the coastal season, the crabs are not ready for harvest, and the season opening should be delayed. The provisions of this rule are in conformity with agreed plans with the states of Oregon and California. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: December 22, 2004.

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 220-52-04600V   Coastal crab fishery -- Seasons and areas.   Notwithstanding the provisions of WAC 220-52-046, effective immediately, it is unlawful for non-Indian commercial fishers to fish for, possess or take crab for commercial purposes, or place gear in coastal, Pacific Ocean, Grays Harbor, Willapa Bay, and Columbia River waters immediately through January 14, 2005 except that it is lawful to set baited crab gear beginning at 8:00 a.m. January 12, 2005.

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REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 220-52-04600U Coastal crab fishery -- Seasons and areas. (04-316)

Washington State Code Reviser's Office