WSR 05-03-013

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 05-02 -- Filed January 6, 2005, 1:37 p.m. , effective January 6, 2005 ]


Purpose: Amend commercial fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-20-05100A and 220-20-05100B; and amending WAC 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 2.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: January 5, 2004 [2005].

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 220-20-05100B   Vessel designation change -- Coastal crab licenses.   Notwithstanding the provisions of WAC 220-20-051, effective immediately until February 15, 2005, holders of Dungeness crab--coastal fishery licenses are prohibited from changing the vessel designation except in an emergency and then only as authorized by the director.

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REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 220-20-05100A Vessel designation requirements.

The following section of the Washington Administrative Code is repealed effective February 15, 2005:


WAC 220-20-05100B Vessel designation change -- Coastal crab licenses.

Washington State Code Reviser's Office