WSR 98-17-010

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[Order 98-148--Filed August 7, 1998, 4:55 p.m., effective August 7, 1998, 5:00 p.m.]



Date of Adoption: August 7, 1998.

Purpose: Personal use rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-56-330001; and amending WAC 220-56-330.

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: There is a harvestable surplus of hardshell Dungeness crab in the areas opened under this regulation. Test fishing data from the northern portion of Catch Record Card Area 7 indicates that many crab in waters deeper than sixty feet are in a softshell condition and the crab pot season opening must be delayed. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, amended 0, repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.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: August 7, 1998, 5:00 p.m.

August 7, 1998

J. D. Brittell

for Bern Shanks

Director



NEW SECTION



WAC 220-56-33000J  Crab--Areas and seasons. Notwithstanding the provisions of WAC 220-56-330, effective 5:00 p.m. August 7, 1998 until further notice, it is unlawful to fish for and possess crab taken for personal use with shellfish pot gear from all waters deeper than sixty feet (mean low low water) in the portion of Catch Record Card Area 7 north of a line projected from Village Point on Lummi Island through the navigation buoy just east of Matia Island thence to the buoy at Clements Reef thence to the easternmost point of Patos Island and from the westernmost point of Patos Island due east to the international boundary; and in Hale Passage west of a line from Point Francis through the marker north of Inati Bay, Lummi Island to Lummi Island



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REPEALER



The following section of the Washington Administrative Code is repealed effective 5:00 p.m. August 7, 1998:



WAC 220-56-33000I Crab--Areas and seasons. (98-130)

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