WSR 06-06-027

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 06-29 -- Filed February 22, 2006, 11:37 a.m. , effective February 24, 2006, 11:59 p.m. ]


Effective Date of Rule: February 24, 2006, 11:59 p.m.

Purpose: Amend commercial use fishing rules.

Citation of Existing Rules Affected by this Order: Amending WAC 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. The quick-reporting requirement of commercial purchasers and receivers of Dungeness crab is being terminated for the remainder of the season because of the need to upgrade the aging WDFW phone system. Since there is sufficient harvest share remaining in each open region until the end of the season, monitoring of commercial crab landings with the use of fish tickets instead of quick reports will be sufficient. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: February 21, 2006.

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 220-69-24000H   Duties of commercial purchasers and receivers.   Notwithstanding the provisions of WAC 220-69-240, effective 11:59 p.m. February 24, 2006 through 11:59 p.m. April 15, 2006, it is not mandatory for any wholesale dealer acting in the capacity of an original receiver of Dungeness crab taken by nontreaty fishers from Puget Sound to report to the department the previous day's purchases by 10:00 a.m. the following business day. The fish receiving ticket reporting requirement of WAC 220-69-240 remains in effect.

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REPEALER


The following section of the Washington Administrative Code is repealed effective 11:59 p.m. April 15, 2006:


WAC 220-69-24000H Duties of commercial purchasers and receivers. (06-21)

Washington State Code Reviser's Office