WSR 00-01-127

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 99-220 -- Filed December 17, 1999, 4:59 p.m. , effective December 22, 1999, 4:00 p.m. ]

Date of Adoption: December 17, 1999.

Purpose: Commercial and personal use rules.

Citation of Existing Rules Affected by this Order: Amending WAC 220-52-046 and 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: Crab test fishing and sampling results from Marine Fish/Shellfish Management and Catch Reporting Area 24B, portions of 24C, and 26A do not meet hardshell criteria established by agreed state/tribal harvest plans. The agreed plans require fishery closures to prevent unacceptable handling mortality and resource loss when hardshell criteria are not met. In addition, allocation closures are necessary in Areas 24A, 24B, 24C, 24D, and a portion of 26A in order to meet treaty sharing obligations. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: December 22, 1999, 4:00 p.m.

December 17, 1999

Jeff P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 220-52-04600V
Commercial crab fishing--Allocation/softshell closures.

Notwithstanding the provisions of WAC 220-52-046, effective 4:00 p.m. December 22, 1999 until further notice, it is unlawful to fish for Dungeness crab for commercial purposes in Puget Sound in the following areas:

(1) All waters of Marine Fish/Shellfish Management and Catch Reporting Areas 24A, 24B, 24C, 24D, and the portion of Marine Fish/Shellfish Catch Area 26A north of line from the south tip of Possession Point on Whidbey Island to the shipwreck north of Picnic Point.

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NEW SECTION
WAC 220-56-33000V
Personal use crab fishery--Allocation/softshell closures.

Notwithstanding the provisions of WAC 220-56-330, effective 4:00 p.m. December 22, 1999 until further notice, it is unlawful to fish for Dungeness crab for personal use from Catch Record Card Areas 8-1 and 8-2.

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