WSR 06-11-035

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 06-96 -- Filed May 9, 2006, 4:20 p.m. , effective July 3, 2006 ]


Effective Date of Rule: July 3, 2006.

Purpose: Amend personal use fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-56-33000V; and amending WAC 220-56-330.

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: Crab fishing has historically opened in these waters on July 1st, and fishing has been allowed to occur over the July 4th holiday weekend. Because of a calendar year daily shift of July 4th to Tuesday in 2006, the standard fishing weekly period for crab in these waters, which is Wednesday through Saturday, would exclude fishers who have an expectation of fishing the July 4th holiday weekend. Areas 8-1 and 8-2 have exceeded the allocation in recent years. Allowing one day of additional fishing in 8-1 and 8-2, and three days elsewhere, will provide additional recreational opportunity without adversely impacting the resource. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: May 5, 2006.

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 220-56-33000V   Crab -- Areas and seasons.   Notwithstanding the provisions of WAC 220-56-330:

(1) It is lawful to fish for crab on Sunday, Monday and Tuesday, July 2, 3, and 4, 2006, in the waters of Area 6, those waters of Area 7 south and west of a line projected from Village Point, Lummi Island, through the navigation buoy just east of Matia Island, thence to the buoy at Clements Reef, thence to the easternmost point of Patos Island, thence running along the north shore of Patos Island to the westernmost point of Patos Island, thence due west to the international boundary; westerly of a straight line from the northernmost tip of Sinclair Island through Lummi Rocks to Lummi Island; and west of a line projected from the southeast point of Sinclair Island to the ferry dock at Shannon Point, and waters of Areas 9, 10, 11, and 12.

(2) Notwithstanding the provisions of WAC 220-56-330, it is lawful to fish for crab on Sunday, July 2, 2006, in the waters of Areas 8-1 and 8-2.

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REPEALER

The following section of the Washington Administrative Code is repealed effective July 5, 2006:


WAC 220-56-33000V Crab -- Areas and seasons.

Washington State Code Reviser's Office