WSR 02-07-075

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 02-56 -- Filed March 19, 2002, 9:11 a.m. , effective March 24, 2002, 12:01 a.m. ]

Date of Adoption: March 19, 2002.

Purpose: Personal use fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-52-04600E and 220-56-33000F; 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 rules and closes the San Juan Islands for the protection of 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 0, Repealed 2.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 24, 2002, 12:01 a.m.

March 19, 2002

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 220-52-04600F   Crab fishery--Areas and seasons.   Notwithstanding the provisions of WAC 220-52-046, it is 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, 25B, 25D, 26A 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.

(2) Effective 12:01 a.m. March 24, 2002 until further notice, commercial crab harvest is closed in all waters of Marine Fish-Shellfish Catch and Reporting Area 22A.

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REPEALER


The following section of the Washington Administrative Code is repealed effective 12:01 a.m. March 24, 2002:


WAC 220-52-04600E Crab fishery--Seasons and areas. (02-49)

NEW SECTION
WAC 220-56-33000G   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, 9, 12, 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.

(2) Effective 12:01 a.m. March 24, 2002 until further notice, it is unlawful to fish for crab for personal use in the San Juan Islands portion of Marine Area 7 west and south of line that extends from the Anacortes ferry dock at Shannon Point, northward to the southeastern tip of Sinclair Island, thence from the northernmost tip of Sinclair Island to Lawrence Point on Orcas Island, follows the northern shoreline around Orcas Island to Steep Point on the southwestern tip of Orcas Island, thence to Limestone Point on San Juan Island and then to Green Point on the eastern tip of Spieden Island and from the western tip of Spieden Island true west to the International Boundary.

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REPEALER


The following section of the Washington Administrative Code is repealed effective 12:01 a.m. March 24, 2002:


WAC 220-56-33000F Crab--Areas and seasons. (02-49)

Washington State Code Reviser's Office