WSR 06-06-070

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 06-32 -- Filed February 28, 2006, 2:37 p.m. , effective February 28, 2006, 6:00 p.m. ]


Effective Date of Rule: February 28, 2006, 6:00 p.m.

Purpose: Amend commercial use fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-52-04600J; and amending WAC 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: These closures comply with state/treaty management agreements which have established closure periods to protect crab during softshell periods. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: February 28, 2006.

J. P. Koenings

Director


NEW SECTION
WAC 220-52-04600K   Crab fishery -- Seasons and areas.   Notwithstanding the provisions of WAC 220-52-046:

1) Effective immediately until further notice, it is unlawful to fish for Dungeness Crab for commercial purposes in Marine Fish-Shellfish Management and Catch Reporting Areas 23C, 24A, 24B, 24C, 24D, 25B, 25D, 26A-W, 26A-E and 29.

2) Effective 6:00 p.m. March 3, 2006, until further notice, it is unlawful to fish for or possess Dungeness crab taken for commercial purposes from Marine Fish Shellfish Management and Catch Reporting Areas 23A and 23B, except that crab fishers may continue to remove their gear from the grounds until 6:00 p.m. March 10, 2006. No crab may be landed from or possessed from these areas after 6:00 p.m. March 3, 2006.

3) Effective 6:00 p.m. March 15, 2006, until further notice, it is unlawful to fish for Dungeness Crab for commercial purposes in Marine Fish-Shellfish Management and Catch Reporting Areas 23D, 25A, and 25E.

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REPEALER


The following section of the Washington Administrative Code is repealed effective 6:00 p.m. February 28, 2006:


WAC 220-52-04600J Crab fishery -- Seasons and areas. (06-21)

Washington State Code Reviser's Office