WSR 06-13-007

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 06-132 -- Filed June 8, 2006, 4:15 p.m. , effective June 27, 2006, 7:00 a.m. ]


Effective Date of Rule: June 27, 2006, 7:00 a.m.

Purpose: Amend commercial fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-52-04000W and 220-52-04600Q; and 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: The division of shellfish management and catch reporting Area 26A is necessary to meet state and tribal commercial harvest allocation plans. The limited commercial fishery in these marine fish shellfish management and catch reporting areas are to take advantage of harvest opportunity and to maintain commercial harvest allocation plans. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 0, Repealed 2.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: June 8, 2006.

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 220-52-04000W   Commercial crab fishery -- Exceptions to permanent rules for pot limits.   Notwithstanding the provisions of WAC 220-52-040, effective 7:00 a.m. June 27, 2006 through 7:00 p.m. June 28, 2006 it is unlawful for any person to fish for crabs for commercial purposes with more than 30 pots per license, per buoy tag number in all waters of Marine Fish-Shellfish Management and Catch Reporting Areas 24A, 24B, 24C and 26A-E.

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

(1) Effective 7:00 a.m. June 27 through 7:00 p.m. June 28, 2006, it is lawful to fish for Dungeness Crab for commercial purposes in Marine Fish Shellfish Catch Areas 24A, 24B, 24C and 26A-E.

(2) All other provisions of WAC 220-52-046 remain in effect.

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REPEALER


The following sections of the Washington Administrative Code are repealed effective 7:01 p.m. June 28, 2006:


WAC 220-52-04000W Commercial crab fishery -- Exceptions to permanent rules for pot limits.
WAC 220-52-04600Q Crab fishery -- Seasons and areas.

Washington State Code Reviser's Office