WSR 02-02-011

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 01-284 -- Filed December 21, 2001, 8:10 a.m. ]

Date of Adoption: December 20, 2001.

Purpose: Commercial fishing regulations.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-52-04600Z; 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: This regulation carries over the adjustments of the Useless Bay and Cultus Bay commercial zones to reflect current state/tribal management plans. Carriers over the closure in Crab Management Region 2E until it reopens on January 2, 2002, repeals the eighty pot limit in Crab Management Region 1 on November 29, 2001, and imposes a fifty pot limit in Crab Region 2E on January 2, 2002, when it reopens. Pot limits and closures are in season adjustments to maintain commercial harvest allocation plans. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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.

December 20, 2001

Jeff Koenings

Director

by Larry Peck


NEW SECTION
WAC 220-52-04600A   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, closed 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 8:00 a.m. January 2, 2002 through March 31, 2002, closed in 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.

(3) Effective immediately through March 14, 2002, closed in those waters of 26A north and east of a line from the south end of the Double Bluff State Park seawall (47 58.782"N, 122 30.84'W) projected 110 true to the boulder on shore (47 57.690'N, 122 26.742'W).

(4) Effective immediately until 8:00 a.m. January 2, 2002, closed in all waters of Marine Fish-Shellfish Management and Catch Reporting Areas 24A, 24B, 24C, 24D, and those waters of Possession Sound in Marine Fish-Shellfish Management and Catch Reporting Area 26A north of a line that extends 110 true from Possession Point to the shipwreck.

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REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 220-52-04600Z Crab fishery -- Seasons and areas. (01-264)

Washington State Code Reviser's Office