WSR 01-12-064

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 01-102 -- Filed June 4, 2001, 2:26 p.m. , effective June 6, 2001, 7:00 p.m. ]

     Date of Adoption: June 1, 2001.

     Purpose: Amend commercial fishing rules.

     Citation of Existing Rules Affected by this Order: Repealing WAC 220-52-04600N; 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 0, Repealed 1.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: June 6, 2001, 7:00 p.m.

June 1, 2001

J. P. Koenings

Director


NEW SECTION
WAC 220-52-04000Z   Commercial crab fishery -- Exceptions to permanent rules for pot limits.   Notwithstanding the provisions of WAC 220-52-040, effective 7:00 p.m. June 6, 2001 until 11:00 a.m. June 8, 2001 it is lawful to fish for crabs for commercial purposes with no more than 25 pots per license 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 220-52-04600P   Puget Sound crab fishery -- Exceptions to permanent seasons and areas.   Notwithstanding the provisions of WAC 220-52-046, effective 7:00 p.m. June 6, 2001 until

11:00 a.m. June 8, 2001 the following areas are open to commercial crab fishing:

     1) 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 exceptions:

     a) Cornet Bay: That portion of Marine Fish/Shellfish Catch Area 24A south of a line projected true east and west from the north tip of Ben Ure Island.

     b) Langley: That portion of Marine Fish/Shellfish Catch Area 24C inshore of the 400-foot depth contour within an area described by two lines projected northeasterly from Sandy Point and the entrance to the marina at Langley;

     c) Port Gardner: That portion of Marine Fish/Shellfish Catch 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 will be closed to commercial harvests through November 30, 2000. The affected parties will discuss continuation of the commercial closure in this area by that date.

     d) E. Port Susan Area: That portion of Marine Fish/Shellfish Catch Area 24B east of a line projected from the five-meter tower (located between Gedney Island and Priest Point) to Barnum Point and south of a line projected west from Kayak Point, and north of a line projected from the five-meter tower to Priest Point.

     e) Holmes Harbor: That portion of Marine Fish/Shellfish Catch Area 24D south of a line 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.

     2) Crab pots shall not be tended from one half hour after sunset to one half hour before sunrise.

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REPEALER


     The following sections of the Washington Administrative Code are repealed effective 7:00 p.m. June 6, 2001:


WAC 220-52-04600N Commercial crab fishery -- Exceptions to permanent seasons and areas. (01-23)

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