WSR 02-11-132

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 02-113 -- Filed May 21, 2002, 1:47 p.m. ]

     Date of Adoption: May 21, 2002.

     Purpose: Amend recreational fishing rules.

     Citation of Existing Rules Affected by this Order: Repealing WAC 220-56-33000J; 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 closures for softshell crab and allocation from the previous emergency rule. The described portion of Marine Area 8-2 and all of Marine Areas 9 and 12 meet the hardshell criteria for opening recreational fisheries. In addition, there is quota remaining in the recreational harvest share for Marine Areas 8-2 and 12. As of May 31, 2002, there will be quota remaining in the recreational harvest share for Marine Area 9 when the new management period begins. The opening of Marine Area 12 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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

May 21, 2002

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 220-56-33000K   Crab -- Areas and seasons.   Notwithstanding the provisions of WAC 220-56-330, effective immediately until further notice, it is unlawful to fish for crab for personal use in all waters of Puget Sound except as provided herein:

     (1) Effective immediately 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.

     (2) Effective 12:01 a.m. June 1, 2002 until further notice, it is lawful to fish for crab for personal use in Marine Areas 9 and 12.

     3) Effective 7:00 a.m. May 24, 2002 until further notice it is lawful to fish for crab for personal use on Fridays, Saturdays, Sundays, and Mondays in all of Area 8-2 except those waters of Saratoga Passage north and west of a line from Camano Head to Sandy Point.

[]

     Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 220-56-33000J Crab--Areas and seasons. (02-110)

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