WSR 02-07-037

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 02-49 -- Filed March 13, 2002, 10:09 a.m. , effective March 17, 2002, 12:01 p.m. ]

Date of Adoption: March 12, 2002.

Purpose: Amend commercial and personal use fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-52-04600D and 220-56-33000E; and amending WAC 220-52-046 and 220-56-330.

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 emergency regulation is necessary to continue the closures for softshell crab from previous emergency rule and closes the Admiralty Inlet and south Whidbey Island area and the Bellingham Bay portion of 21A. Crab fishing closes for personal use in all of Marine Area 9 and the Bellingham Bay portion of Marine Area 7 due to softshell crab. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 0, Repealed 2.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: March 17, 2002, 12:01 p.m.

March 12, 2002

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 220-52-04600E   Crab fishery -- Areas and seasons.   Notwithstanding the provisions of WAC 220-52-046, it will be unlawful to fish for Dungeness Crab for commercial purposes as provided herein:

(1) Effective immediately until further notice commercial crab harvest is closed in all waters of Marine Fish-Shellfish Catch Reporting Areas 24A, 24B, 24C, 24D, and that portion of 26A, north of a line that extends from Possession Point eastward to the Shipwreck located .8 nautical miles north of Picnic Point.

(2) Effective 12:01 p.m. March 17, 2002 until further notice, commercial crab harvest is closed in all waters of Marine Fish-Shellfish Catch Reporting Areas 25D, 25B, that portion of 26A south and west of a line that extends from Possession Point eastward to the Shipwreck located .8 nautical miles north of Picnic Point, and that portion of 21A south of a line that extends from Point Francis on Portage Island, through the marker just north of Inati Bay on Lummi Island to Lummi Island, and north of a line that extends from Carter Point on the southern tip of Lummi Island to Whiskey Rock south of Chuckanut Bay.

[]


REPEALER


The following section of the Washington Administrative Code is repealed effective 12:01 p.m. March 17, 2002:


WAC 220-52-04600D Crab fishery--Seasons and areas. (02-26)

NEW SECTION
WAC 220-56-33000F   Crab -- Areas and seasons.   Notwithstanding the provisions of WAC 220-56-330, it is unlawful to fish for crab for personal use as provided herein:

(1) Effective immediately until further notice, it is unlawful to fish for crab for personal use in all waters of Marine Areas 8-1, 8-2 and 12, and that portion of Marine Area 9 south and east of a line that extends from Foulweather Bluff to Olele Point.

(2) Effective 12:01 p.m. March 17, 2002 until further notice, it is unlawful to fish for crab for personal use in all waters of Marine Area 9, and those waters of Marine Area 7 south of a line that extends from Point Francis on Portage Island, through the marker just north of Inati Bay on Lummi Island to Lummi Island, and north of a line that extends from Carter Point on the southern tip of Lummi Island to Whiskey Rock south of Chuckanut Bay.

[]


REPEALER


The following section of the Washington Administrative Code is repealed effective 12:01 p.m. March 17, 2002:


WAC 220-56-33000E Crab--Areas and seasons. (02-29)

Washington State Code Reviser's Office