WSR 02-11-050

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 02-105 -- Filed May 9, 2002, 1:55 p.m. , effective May 19, 2002, 6:00 a.m. ]

Date of Adoption: May 9, 2002.

Purpose: Amend personal use fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-56-33000H; and amending WAC 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 and allocation from the previous emergency rule. In addition, the opening of Marine Area 12 on May 19, 2002, is possible because crab meet hardshell criteria and there is quota remaining in the recreational harvest share. This opening is on selected days through June 1, 2002, to avoid complications of sport shrimp catch estimation during the Hood Canal shrimp fishery. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: May 19, 2002, 6:00 a.m.

May 9, 2002

J. P. Koenings

Director


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

(1) Effective immediately until further notice, it is unlawful to fish for crab for personal use in all Puget Sound waters of Marine Areas 4, 5, 6, 7, 8-1, 8-2, 9, 10, 11, 13.

(2) Effective 6:00 a.m. May 19, 2002 through May 31, 2002, it is lawful to fish for crab for personal use in Marine Area 12 except on Wednesdays and Saturdays. All crab gear must be removed from the water by 7:00 p.m. each Tuesday and Friday during this period.

(3) Effective 12:01 a.m. June 1, 2002 until further notice, it is lawful to fish for crab for personal use in Marine Area 12 seven days per week.

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REPEALER


The following section of the Washington Administrative Code is repealed effective 6:00 a.m. May 19, 2002:


WAC 220-56-33000H Crab -- Areas and seasons. (02-67)

Washington State Code Reviser's Office