WSR 01-22-069

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 01-249 -- Filed November 1, 2001, 4:32 p.m. , effective November 5, 2001, 7:00 a.m. ]

Date of Adoption: November 1, 2001.

Purpose: Amend commercial fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-52-04600U, 220-52-04700E, and 220-52-04700F; and amending WAC 220-52-046 and 220-52-047.

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: Pot limit in Crab Management Region 1 is to maintain a 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. Shell condition tests in Crab Management Region 2E show that commercial harvest can commence. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 0, Repealed 3.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 5, 2001, 7:00 a.m.

November 1, 2001

Jim Lux

for Jeff Koenings

Director


NEW SECTION
WAC 220-52-04600V   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 7 a.m. November 5, 2001 until further notice, those waters of Marine Fish-Shellfish Management and Catch Reporting Area 26A east and north of a line that extends from Possession Point to the green number 1 buoy at Possession Point thence following the 200 foot contour northward to a point due east from the Glendale Dock, thence extending due west to the Whidbey Island shore.

[]


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

(1) Dungeness crab pots may be deployed in that portion of Marine Fish-Shellfish Catch Reporting Area 26A, north of a line drawn from Possession Point to the Shipwreck and all waters of 24B between 7:00 a.m. November 5, 2001 and 5:00 p.m. November 7, 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.

[]


REPEALER

The following section of the Washington Administrative Code is repealed effective 7:00 a.m. November 5, 2001:


WAC 220-52-04600U Crab fishery -- Seasons and areas. (01-246)
WAC 220-52-04700E Puget Sound commercial crab pot deployment. (01-246)

The following section of the Washington Administrative Code is repealed effective 5:00 p.m. November 7, 2001:


WAC 220-52-04700F Puget Sound commercial crab deployment.

Washington State Code Reviser's Office