WSR 01-22-028

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 01-246 -- Filed October 29, 2001, 4:31 p.m. , effective November 1, 2001, 7:00 a.m. ]

Date of Adoption: October 29, 2001.

Purpose: Amend commercial fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-22-40000B, 220-52-04000C, 220-52-04600T, 220-52-04700D and 220-69-24000Y; and amending WAC 220-22-400, 220-52-040, 220-52-046, 220-52-047, and 220-69-240.

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: Closure in Crab Management Region 2E is to protect soft shelled crab. Crab Management Region 1 can reopen with pot limits for harvest of remaining state commercial quota. The permanent rule for reviewing crab pot appeals for extenuating circumstances has an application deadline of October 18, 2001. This rule provides the interim application of this deadline until the permanent rule can take effect. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 5, Amended 0, Repealed 5.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: November 1, 2001, 7:00 a.m.

October 29, 2001

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 220-22-40000C   Marine fish-shellfish management and catch reporting areas, Puget Sound   Notwithstanding the provisions of WAC 220-22-400, effective immediately until further notice Marine Fish-Shellfish Management and Catch Reporting Area 26A shall be defined by the following boundaries:

(1) Area 26A-W shall include those waters of Puget Sound south of 25B and northerly of a line from Apple Cove Point to Point Edwards and south and west of a line that extends from Possession Point to the Shipwreck located .8 nautical miles north of Picnic Point.

(2) Area 26A-E shall include those waters of Puget Sound south of Areas 24B and 24C and north of a line that extends from Possession Point to the Shipwreck located .8 nautical miles north of Picnic Point.

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NEW SECTION
WAC 220-52-04000D   Commercial crab fishery-Exceptions to permanent rules for pot limits.   Notwithstanding the provisions of WAC 220-52-040:

(1) Effective 7:00 a.m. November 1, 2001 until further notice it is unlawful for any person to fish for crabs for commercial purposes with more than 50 pots per license, per buoy tag number in all waters of Marine Fish-Shellfish Management and Catch Reporting Areas 20A, 20B, 21A, 21B, 22A, and 22B.

(2) Effective immediately until further notice the Department will not accept appeals of coastal crab pot limit assignments.

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NEW SECTION
WAC 220-52-04600U   Crab fishery -- Seasons and areas.   Notwithstanding the provisions of WAC 220-52-046, it will be lawful to fish for Dungeness Crab for commercial purposes except as provided herein:

(1) Effective immediately until further notice, commercial crab harvest is allowed in those waters of Marine Fish-Shellfish Management and Catch Reporting Area 26A within a line that extends due north from the green number 1 buoy at Scatchet Head to Scatchet Head, thence from the green number 1 buoy at Scatchet Head to the green number 1 buoy at Possession Point, thence due north from the green number 1 buoy at Possession Point to Possession Point.

(2) Effective immediately through March 14, 2002, commercial crab harvest is allowed in those waters of 26A north and east of a line from the south end of the Double Bluff State Park seawall (47 58.78'N, 122 30.84'W) projected 110 true to the boulder on shore (47 57.69'N, 122 26.74'W).

(3) Effective immediately until further notice, commercial harvest will be closed in those waters of Marine Fish-Shellfish Management and Catch Reporting Areas 26A, north of a line that extends from Possession Point to the shipwreck, and all waters of 24B.

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NEW SECTION
WAC 220-52-04700E   Puget Sound commercial crab pot deployment.   Notwithstanding the provisions of WAC 220-52-047:

(1) Dungeness crab pots may be deployed in Areas 20A, 20B, 21A, 21B, 22A and 22B between 7:00 a.m. November 1, 2001 and 5:00 p.m. November 3, 2001 from a vessel not designated on his or her Puget Sound crab license provided that the primary or alternate operator designated on the license is on board the non-designated vessel ("barge" vessel), and provided prior notice has been given as indicated below.

(2) The license holder must leave a telephone message at the La Conner office, (360) 466-4345, extension 245, with the following information:

a) Name and license number of license owner.

b) Name of designated primary operator if different from license owner.

c) Name of alternate operator if used to deploy pots from a non-designated vessel.

d) Buoy brand number and number of pots to be deployed from a non-designated vessel.

e) Name and identification numbers (WN and/or Coast Guard) of the non-designated vessel.

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NEW SECTION
WAC 220-69-24000Z   Duties of commercial purchasers and receivers -- Puget Sound crab   Notwithstanding the provisions of WAC 220-69-240, effective immediately until further notice every person originally receiving or purchasing crab harvested from Marine Fish-Shellfish Management and Catch Reporting Area 26A shall record either 26A-E or 26A-W on shellfish receiving tickets based on the location of harvest and the boundary definitions specified in WAC 220-22-40000C.

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REPEALER


The following sections of the Washington Administrative Code are repealed effective 7:00 a.m. November 1, 2001:


WAC 220-22-40000B Marine fish-shellfish management and catch reporting areas, Puget Sound (01-206)
WAC 220-52-04000C Crab pot limit assignment appeals. (01-239)
WAC 220-52-04600T Crab fishery--Seasons and areas. (01-233)
WAC 220-52-04700D Puget Sound commercial crab pot deployment. (01-206)
WAC 220-69-24000Y Duties of commercial purchasers and receivers -- Puget Sound crab (01-206)

Washington State Code Reviser's Office