WSR 05-12-004

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 05-101 -- Filed May 18, 2005, 3:21 p.m. , effective May 18, 2005 ]


Purpose: Amend personal use fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-56-31000W, 220-56-31500D, 220-56-33000S and 220-56-33000T; and amending WAC 220-56-310, 220-56-315, and 220-56-330.

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: These rules adjust the crab seasons and limits consistent with rules adopted May 14, 2005, and are interim until the permanent rules take effect in mid-June. All Puget Sound areas except 4 east of the Bonilla-Tatoosh line, 5 and 13 will open on or after 7:00 a.m. July 1, 2005, so self repealing these rules at 6:59 a.m. July 1, 2005, will have the permanent rules become effective for the openings in the rest of Puget Sound. Order 05-51 is repealed as Area 7 closed by permanent rule on April 15 and the emergency rule is not needed.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 3, Amended 0, Repealed 4.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: May 18, 2005.

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 220-56-31000W   Shellfish -- Daily limits.   Notwithstanding the provisions of WAC 220-56-310, effective June 18 through June 30, 2005 the Dungeness crab daily limit in Catch Record Card Area 4 east of the Bonilla-Tatoosh line and Areas 5 and 13 is five male crab.

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NEW SECTION
WAC 220-56-31500D   Crabs, shrimp, crawfish -- Unlawful acts.   Notwithstanding the provisions of WAC 220-56-315, effective immediately through June 30, 2005, in waters open only on certain days or certain hours during the day, except for the night closure set out in WAC 220-56-315(10), it is unlawful to fail to remove gear from the water when fishing for shellfish is not allowed, and it is unlawful to fail to remove gear from the water by one hour after sunset if fishing is not allowed on the next calendar day. In waters that are open continuously except for the night closure set out in WAC 220-56-315(10), gear may be left in the water during the night closure.

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NEW SECTION
WAC 220-56-33000T   Crab -- Areas and seasons.   Notwithstanding the provisions of WAC 220-56-330, the following areas are closed to fishing for crab during the periods indicated:

(1) Area 4 east of the Bonilla-Tatoosh line and Areas 5 and 13 - Closed June 1 through 6:59 a.m. June 18, 2005.

(2) Areas 6, 7, 8-1, 8-2, 9, 10, 11, and 12 - Closed June 1 through 6:59 a.m. July 1, 2005.

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REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 220-56-33000S Crab -- Areas and seasons. (05-51)

The following sections of the Washington Administrative Code are repealed effective 11:59 p.m. June 30, 2005:


WAC 220-56-31000W Shellfish -- Daily limits. (05-101)
WAC 220-56-31500D Crabs, shrimp, crawfish--Unlawful acts. (05-101)
WAC 220-56-33000T Crab -- Areas and seasons. (05-101)

Washington State Code Reviser's Office