WSR 01-05-044

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 01-23 -- Filed February 14, 2001, 4:05 p.m. , effective February 15, 2001, 10:00 a.m. ]

Date of Adoption: February 13, 2001.

Purpose: Amend commercial fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-52-04000X, 220-52-04600M and 220-52-04000Y; and amending WAC 220-52-040 and 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: These actions are necessitated to maintain state/tribal crab allocations. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 0, Repealed 4.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: February 15, 2001, 10:00 a.m.

February 13, 2001

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 220-52-04000Y   Commercial crab fishery -- Exceptions to permanent rules for pot limits.   Notwithstanding the provisions of WAC 220-52-040, effective 10:00 a.m. February 15 until 4:00 p.m. February 25, 2001 it is unlawful for any persons to fish for crabs for commercial purposes with more than 45 pots in all waters of Marine Fish-Shellfish Management and Catch Reporting Areas 24A, 24B, 24C, 24D and that portion of 26A north of line from the south tip of Possession Point on Whidbey Island to the shipwreck at Picnic Point.

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NEW SECTION
WAC 220-52-04600N   Puget Sound crab fishery -- Exceptions to permanent seasons and areas.   Notwithstanding the provisions of WAC 220-52-046, effective immediately until further notice:

1) The following area is open to commercial crab fishing:

a) That portion 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.

2) The following areas are closed to commercial crab fishing except as provided herein:

a) Those waters of Marine Fish-Shellfish Management and Catch Reporting Areas 20A, 20B, 21A, 21B, 22A, and 22B.

b) Those 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 at Picnic Point, with the following exception:

1) From 10 a.m. February 15 to 4 p.m. February 25, it is lawful to fish for commercial crab in those waters of Marine Fish-Shellfish Management and Catch Reporting Areas 24A, that portion of 24B north of line from Sandy Point on Whidbey Island to Hermosa Point on the north end of Tulalip Bay, 24C, that portion of 24D north of a extending from the point located at the southern end of Honeymoon Bay (48 03.047', 122 32.306') to the point just north of Beverly Beach, and the portion of Marine Fish/Shellfish Catch Area 26A west of a line from the Mukilteo ferry dock to Sandy Point on Whidbey Island and north of line from Sandy Point on Whidbey Island to Hermosa Point on the north end of Tulalip Bay.

c) 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.

d) Those waters of Marine Fish-Shellfish Management and Catch Reporting Area 25E south of a line from Contractors Point to Tukey Point.

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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 sections of the Washington Administrative Code are repealed effective 10:00 a.m. February 15, 2001:


WAC 220-52-04600M Commercial crab fishery--Allocation closure. (01-18)
WAC 220-52-04000X Commercial crab fishery--Exceptions to permanent rules for pot limits (01-18)

The following sections of the Washington Administrative Code are repealed effective 4:01 p.m. February 25, 2001:


WAC 220-52-04000Y Commercial crab fishery--Exceptions to permanent rules for pot limits

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.

Washington State Code Reviser's Office