Date of Adoption: February 6, 2003.

     Purpose: Amend commercial fishing rules.

     Citation of Existing Rules Affected by this Order: 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: This rule is in response to Washington State Department of Health (DOH) closure of Willapa Bay to the harvest of crab due to potential health risk posed to consumers. DOH tests indicate that crab viscera sampled from Willapa Bay Dungeness crab have exceeded the action level for domoic acid. This action will prevent the wastage of crab caught from this area. 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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

February 6, 2003

Jeff Koenings

Director

     (1) Effective immediately until further notice it is unlawful to take or possess crab taken for commercial purposes from the waters of Willapa Bay.

     (2) Effective immediately through 11:59 p.m., February 9, 2003, it is unlawful to transport crab through the waters of Willapa Bay.

     (3) Effective 12:01 a.m. February 10, 2003, it is unlawful to leave or possess shellfish pots or ring nets in the waters of Willapa Bay.

     (4) Effective 12:01 a.m. February 10, 2003, it is lawful to transport crab taken in the waters of the Pacific Ocean through the waters of Willapa Bay.

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     Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.

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