WSR 05-02-028

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 04-331 -- Filed December 29, 2004, 4:18 p.m. , effective December 29, 2004 ]


Purpose: Amend commercial fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-20-05100A; and amending WAC 220-52-046 and 220-20-051.

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 winter 2005 Washington Coastal Dungeness crab fishery will not open until substantially later than the Dungeness crab fishery off the Oregon and California coast. This rule is needed to promote orderly fisheries in accordance with RCW 77.04.012. It is intended to be consistent with the fair start provisions as agreed to between the states of California, Oregon and Washington under the tri-state agreement. There is insufficient time to promulgate permanent regulations.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 30 [29], 2004.

J. P. Koenings

Director


NEW SECTION
WAC 220-52-04600W   Coastal crab fishery -- Areas and seasons.   Notwithstanding the provisions of WAC 220-52-046, effective immediately in waters of the Pacific Ocean north of Point Arena, California, it is unlawful to fish in any area for which the season opening has been delayed due to soft shell crab for the first thirty days following the opening of such an area if the Dungeness crab -- coastal fishery license holder, or any vessel or alternate operator designated on the license, participated in any coastal crab fishery during the previous forty-five days.

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NEW SECTION
WAC 220-20-05100A   Vessel designation requirements.   Notwithstanding the provisions of WAC 220-20-051, effective immediately until February 14, 2005, holders of Dungeness crab--coastal fishery licenses are prohibited from changing the vessel designated on the license unless they did not participate in a coastal crab fishery in the States of California or Oregon between December 1, 2004 and January 15, 2005.

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REPEALER


The following section of the Washington Administrative Code is repealed effective February 14, 2005:


WAC 220-20-05100A Vessel designation requirements.

Washington State Code Reviser's Office