EMERGENCY RULES
FISH AND WILDLIFE
Date of Adoption: September 22, 2000.
Purpose: Amend commercial fishing rules.
Citation of Existing Rules Affected by this Order: Repealing WAC 220-52-04600C; and 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: The state may not authorize commercial shellfish harvests absent agreed planning or compliance with a process. The provisions of this rule are in conformity with agreed plans with applicable tribes which have been entered as required by the court order. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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.
September 22, 2000
J. P. Koenings
Director
by Larry Peck
Notwithstanding the provisions of WAC 220-52-046 and WAC 220-52-040:
(1) Effective 8:00 a.m. September 26, 2000 until further notice all Puget Sound Marine Fish-Shellfish Management and Catch Reporting Areas are open except Areas 25C, 26B, 26C, 26D, 27A, 27B, 27C, 28A, 28B, 28C, and 28D and the closures provided for in this section. Effective September 27, 2000 until further notice hours are from one-half hour before sunrise to one-half hour after sunset.
(2) The following areas are closed to commercial crab fishing until further notice:
(a) Those waters of Marine Fish/Shellfish Catch Area 20B which include all waters of Prevost Harbor between Stuart Island and Satellite Island southwest of a line extending from Charles Point on Stuart Island to the northwest tip of Satellite Island and southwest of a line projected 120 degrees from true north from the southeast end of Satellite Island to Stuart Island.
(b) Those waters of Marine Fish-Shellfish Management and Catch Reporting Area 21A which includes all waters inside of Chuckanut Bay east of a line projected north from Governor's Point to the east side of Chuckanut Island thence to Chuckanut Rock thence to the most southerly tip of Clark's Point.
(c) Those waters of Marine Fish-Shellfish Management and Catch Reporting Area 22A in East Sound north of a line projected from the southern point of Judd Bay to Giffin rocks.
(d) Those waters of Marine Fish-Shellfish Management and Catch Reporting Area 25A west of a line from the new Dungeness Light to the outermost tip of the abandoned dock at the Three Crabs Restaurant.
(e) Those waters of Marine Fish-Shellfish Management and Catch Reporting Area 26A east of a line projected from the outermost tip of the ferry dock at Mukilteo projected to the green #3 buoy at the mouth of the Snohomish River and west of a line projected from that #3 buoy southward to the oil boom pier on the shoreline.
(f) Those waters of Marine Fish-Shellfish Management and Catch Reporting Area 25E south of a line from Contractors Point to Tukey Point.
(3) The following areas are closed to commercial crab fishing during the periods indicated:
(a) Those waters of Marine Fish-Shellfish Management and Catch Reporting Area 20A between a line from the boat ramp at the western boundary of Birch Bay State Park to the western point of the entrance of the Birch Bay Marina and a line from the same boat ramp to Birch Point are closed September 26 through October 31.
(b) Those waters of Marine Fish-Shellfish Management and Catch Reporting Area 22A in Deer Harbor north of a line projected from Steep Point to Pole Pass are closed September 26 through October 31.
(c) Those waters of Marine Fish-Shellfish Management and Catch Reporting Area 22B in Fidalgo Bay south of a line projected from the red number 4 entrance buoy at Cap Sante Marina to the northern end of the eastern most oil dock are closed September 26 through October 31.
(d) Those waters of Marine Fish-Shellfish Management and Catch Reporting Area 24C inshore of the 400 foot depth contour within an area bounded by parallel lines projected northeasterly from Sandy Point and the entrance to the marina at Langley are closed September 26 through October 15.
(4) The following areas are open to commercial crab fishing until further notice:
(a) Those waters of Marine Fish-Shellfish Management and Catch Reporting Area 21B in Samish Bay north and east of a line from Point Williams to Fish Point.
(b) Those waters of Marine Fish-Shellfish Management and Catch Reporting Area 24B north of a line projected true west from Kayak Point and south and west of a line from Kayak Point to Barnum Point.
(c) Those waters of Marine Fish-Shellfish Management and Catch Reporting Area 24D north of a line extending from the point located at the southern end of Honeymoon Bay (48° 03.047 N, 122° 32.306 W) to the point just north of Beverly Beach.
(d) Those waters of Marine Fish-Shellfish Management and Catch Reporting Area 26A east of a line projected true north from the green number 1 buoy at Scatchet Head and west of a line projected true north from the green number 1 buoy at Possession Point, and north of a line connecting the two buoys described herein.
(e) Effective October 15, 2000, those waters of Marine Fish-Shellfish Management and Catch Reporting Area 26A in Useless Bay south and west of a line from the south end of the Double Bluff State Park seawall (47 58.782 N, 122 30.840 W) projected 110 degrees true to the boulder on shore (47 57.690 N, 122 26.742 W).
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The following section of the Washington Administrative Code
is repealed:
| WAC 220-52-04600C | Puget Sound fishery--Exceptions to permanent seasons and areas. (00-186) |