WSR 98-01-074

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[Order 97-239--Filed December 12, 1997, 12:55 p.m.]

Date of Adoption: December 11, 1997.

Purpose: Commercial fishing regulations.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-52-04600W; and amending WAC 220-52-046.

Statutory Authority for Adoption: RCW 75.08.080.

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 necessary to preserve fishing opportunity consistent with the Quinault state-tribal management plans (Quinault Indian Nation, Hoh, Quileute, and Makah tribes) for the 1997-98 coastal Dungeness crab season. The tribes have adopted a corresponding regulation. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 1, amended 0, repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.

Effective Date of Rule: Immediately.

December 11, 1997

Dirk Brazil

for Bern Shanks

Director

NEW SECTION

WAC 220-52-04600X Crab fishery--Seasons, areas and gear restrictions Notwithstanding the provisions of WAC 220-52-046, effective immediately until further further notice, it is unlawful for non-Indian commercial fishers to fish for or take crab for commercial purposes, or place gear, in the following areas during the periods indicated:

(1) The following areas are closed through January 4, 1998:

Quinault

Those waters bounded by lines projected between the following coordinates:

NW corner: 4709'00"N 12423'80"W (LORAN 41885)

NE corner: 4709'00"N 12416'30"W

SW corner: 4658'00"N 12422'00"W (LORAN 41885)

SE corner: 4658'00"N 12415'30"W

Quinault and Hoh

Those waters bounded by lines projected between the following coordinates:

NW corner: 4732'00"N 12434'00"W (LORAN 41865)

NE corner: 4732'00"N 12429'50"W (LORAN 41880)

SW corner: 4727'00"N 12433'00"W (LORAN 41865)

SE corner: 4727'00"N 12428'60"W (LORAN 41880)

(2) The following area is closed through January 7, 1998, and after February 4, 1998, until further notice:

Quileute and Hoh

Those Pacific Ocean waters inside and bounded by a line projected from the shore due west along 4740'50"N (Destruction Island) to 4740'50"N, 12437'50"W, thence northerly to 4800'00"N, 12449'50"W, thence northerly to 4802'25"N, 12450'00"W, thence due east to shore.

(3) The following area is closed after December 28, 1997, until further notice:

Makah

Those Pacific Ocean waters inside and bounded by line projected due west from shore to 4802'15"N, 12450'00"W, thence to 4807'36"N, 12451'24"W, thence to 4820'00"N, 12450'00"W, thence to Cape Flattery.

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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.

REPEALER

The following section of the Washington Administrative Code is repealed: