WSR 03-06-020

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 03-39 -- Filed February 21, 2003, 4:23 p.m. ]

     Date of Adoption: February 21, 2003.

     Purpose: Amend commercial and personal use fishing rules.

     Citation of Existing Rules Affected by this Order: Repealing WAC 220-52-04600R and 220-56-33000S; and amending WAC 220-52-046 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: 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 Dungeness crab taken in the southern portion of Willapa Bay is below the action level for domoic acid and are safe for human consumption. This action will allow harvest of the resource in 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 0, Repealed 2.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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

February 21, 2003

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 220-52-04600T   Crab fishery -- Seasons and areas.   Notwithstanding the provisions of WAC 220-52-046, effective immediately until further notice, it is unlawful to posses Dungeness crab from those waters of Willapa Bay for commercial purposes, except that it is lawful to fish for, set gear, and possess crab taken in the waters of Willapa Bay due south of a line (running east to west) at 46°38'00 N. It is lawful to transport crab caught in the waters of the Pacific Ocean through the waters of Willapa Bay.

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     Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
NEW SECTION
WAC 220-56-33000U   Crab -- Areas and seasons.   Notwithstanding the provisions of WAC 220-56-330, effective immediately until further notice, it is unlawful to possess Dungeness crab from those waters of Willapa Bay, except that it is lawful to fish for, set gear, and possess crab taken in the waters of Willapa Bay due south of a line (running east to west) at 46°38'00 N. It is lawful to transport crab caught in the waters of the Pacific Ocean through the waters of Willapa Bay.

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REPEALER

     The following sections of the Washington Administrative Code are repealed:
WAC 220-52-04600R Crab fishery -- Seasons and areas. (03-16)
WAC 220-56-33000S Crab fishery -- Areas and seasons. (03-17)

Legislature Code Reviser 

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