WSR 02-19-040

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 02-228 -- Filed September 10, 2002, 4:24 p.m. , effective October 1, 2002, 12:01 a.m. ]

Date of Adoption: September 10, 2002.

Purpose: Amend commercial fishing regulations.

Citation of Existing Rules Affected by this Order: Amending WAC 220-22-400, 220-52-040, 220-52-046, 220-52-047, and 220-69-240.

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: The state may not authorize commercial shellfish harvests absent agreed planning or compliance with a process. The provisions of this rule are in conformity with agreed plans with applicable tribes which have been entered as required by court order. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 5, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: October 1, 2002, 12:01 a.m.

September 10, 2002

J. P. Koenings

Director


NEW SECTION
WAC 220-22-40000D   Marine fish-shellfish management and catch reporting areas, Puget Sound   Notwithstanding the provisions of WAC 220-22-400, effective 12:01 a.m. October 1, 2002 until further notice Marine Fish-Shellfish Management and Catch Reporting Area 26A shall be further defined by the following boundaries:

(1) Area 26A-W shall include those waters of Puget Sound south of 25B and northerly of a line from Apple Cove Point to Point Edwards and south and west of a line that extends from Possession Point to the Shipwreck located .8 nautical miles north of Picnic Point.

(2) Area 26A-E shall include those waters of Puget Sound south of Areas 24B and 24C and north and east of a line that extends from Possession Point to the Shipwreck located .8 nautical miles north of Picnic Point.

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NEW SECTION
WAC 220-52-04000H   Commercial crab fishery -- Exceptions to permanent rules for pot limits.   Notwithstanding the provisions of WAC 220-52-040, effective 12:01 a.m. October 1, 2002 until further notice it is unlawful to fish for crabs for commercial purposes with more than 75 pots per license, per buoy tag number in Puget Sound waters. The remaining 25 buoy tags per license must be onboard the designated vessel and available for inspection. Exceptions are as provided herein:

(1) It will be lawful to fish for crabs for commercial purposes with 100 pots per license, per buoy tag number in Marine Fish Shellfish Catch Areas 29, 23A, 23B, 23C, 23D, and 25A, effective 11:59 p.m. October 15, 2002, until further notice.

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NEW SECTION
WAC 220-52-04600H   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 in the following areas:

(1) Effective 12:01 a.m. October 1, 2002 until further notice, 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 12:01 a.m. October 16, 2002 through March 31, 2003, 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 12:01 a.m. October 16, 2002 through March 14, 2003, 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. October 1, 2002 until further notice, that portion of Marine Fish/Shellfish Catch Area 21B in Samish Bay south of a line from Fish Point and Point Williams deeper than 60 feet.

(5) Effective 12:01 a.m. October 1, 2002 until further notice, all waters of Marine Fish/Shellfish Catch Area 25D.

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NEW SECTION
WAC 220-52-04700J   Puget Sound commercial crab pot deployment.   Notwithstanding the provisions of WAC 220-52-047:

(1) Dungeness crab pots may be deployed between 8:00 a.m. October 1, 2002 and 7:59 a.m. October 3, 2002 in Puget Sound waters from a vessel not designated on a persons Puget Sound crab license provided that the primary or alternate operator designated on the license is on board the non-designated vessel ("barge" vessel), and provided prior notice has been given as indicated below.

(2) The license holder must leave a telephone message at the La Conner office, (360) 466-4345, extension 245, with the following information:

a) Name and license number of license owner.

b) Name of designated primary operator if different from license owner.

c) Name of alternate operator if used to deploy pots from a non-designated vessel.

d) Buoy brand number and number of pots to be deployed from a non-designated vessel.

e) Name and identification numbers (WN and/or Coast Guard) of the non-designated vessel.

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NEW SECTION
WAC 220-69-24000E   Duties of commercial purchasers and receivers -- Puget Sound crab   Notwithstanding the provisions of WAC 220-69-240, effective 12:01 a.m. October 1, 2002 until further notice, every person originally receiving or purchasing crab harvested from Marine Fish-Shellfish Management and Catch Reporting Area 26A shall record either 26A-E or 26A-W on shellfish receiving tickets based on the location of harvest and the boundary definitions specified in WAC 220-22-40000D

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Washington State Code Reviser's Office