WSR 06-03-017

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 06-02 -- Filed January 6, 2006, 3:28 p.m. , effective January 7, 2006, 12:01 a.m. ]


     Effective Date of Rule: January 7, 2006, 12:01 a.m.

     Purpose: Amend commercial use fishing rules.

     Citation of Existing Rules Affected by this Order: Repealing WAC 220-52-04000S; and amending WAC 220-52-040.

     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: Bad weather has created an at sea safety issue to impede the setting of crab gear for the commercial season. Price issues between buyers and fishers have also delayed the deployment of gear. 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

     Date Adopted: January 5, 2006.

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 220-52-04000T   Coastal crab -- Barging crab gear.   Notwithstanding the provisions of WAC 220-52-040:

     (1) It is lawful for a vessel not designated on a Dungeness crab coast fishery license to barge up to 250 pots at any one time for deployment in the coastal crab fishery.

     (2) Such a vessel may deploy shellfish pot gear only during the 168-hour period beginning 12:01 a.m. January 7.

     (3) All other provisions of the permanent rule remain in effect.

[]


REPEALER


     The following section of the Washington Administrative Code is repealed effective 12:01 a.m. January 7, 2006:


WAC 220-52-04000S Coastal crab -- Barging crab gear. (05-288)