WSR 02-24-018

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 02-288 -- Filed November 25, 2002, 4:48 p.m. ]

Date of Adoption: November 25, 2002.

Purpose: Amend commercial fishing rules.

Citation of Existing Rules Affected by this Order: Amending WAC 220-52-040 and 220-52-046.

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 regulation is needed to meet treaty nontreaty sharing agreements and reflects industry agreements on fishing plans regarding the use of nondesignated vessels sixty-four hours prior to season opening and forty-eight hours afterwards and may carry aboard no more than two hundred fifty pots. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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

November 25, 2002

J. P. Koenings

Director


NEW SECTION
WAC 220-52-04000J   Barging of crab pots by undesignated vessels.   Notwithstanding the provisions of WAC 220-52-040, effective immediately until further notice:

(1) It is lawful for a vessel not designated on a Dungeness crab-coastal fishery license to be used to deploy shellfish pot gear beginning 8:00 a.m. December 7, 2002 through 11:59 p.m. December 12, 2002, provided that:

(a) Such a vessel may not carry aboard more than 250 shellfish pots at any one time.

(b) The lawful owner of the shellfish pot gear must be aboard the vessel when the gear is being deployed.

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NEW SECTION
WAC 220-52-04600L   Crab fishery -- Areas and seasons.   Notwithstanding the provisions of WAC 220-52-046, effective immediately it is unlawful to take, fish for or possess crab taken for commercial purposes from those waters of Grays Harbor, Willapa Bay, Columbia River and waters of the Pacific Ocean west of the Bonilla Tatoosh line except as provided for in this section:

(1) Effective 8:00 a.m. December 7, 2002 it is lawful to set baited gear in the above waters.

(2) Effective 12:01 a.m. December 10, 2002 it is lawful to take, fish for or possess crab taken for commercial purposes from the above waters.

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Washington State Code Reviser's Office