WSR 02-03-050

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 02-07 -- Filed January 9, 2002, 4:46 p.m. ]

Date of Adoption: January 9, 2002.

Purpose: Amend commercial fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-52-04600B; 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: (1) Carries over the Cultus Bay, Useless Bay and Glendale commercial zone fixes to reflect current state/tribal management plans; and (2) closes the "Everett Flats" area due to crab softshell timing. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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

January 9, 2002

Sara G. LaBorde

for Jeff Koenings

Director


NEW SECTION
WAC 220-52-04600C   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 31, 2002, commercial crab harvest is allowed 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, 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 58.782"N, 122 30.84'W) projected 110 true to the boulder on shore (47 57.690'N, 122 26.742'W).

(4) Effective 12:01 a.m. January 16, 2002 until further notice, commercial crab harvest is closed in those waters of Marine Fish-Shellfish Management and Catch Reporting Area 26A east of a line from the Spiral Staircase at Howarth Park thence due north to the southern most end of Gedney Island and that portion of 24B east of a line from the northern most end of Gedney Island to the southern most portion of Camano Head and south of a line drawn from the southern most portion of Camano Head to the western most portion of Hermosa Point.

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REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 220-52-04600B Crab fishery -- Seasons and areas. (02-05)

Washington State Code Reviser's Office