WSR 07-02-002

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 06-310 -- Filed December 20, 2006, 2:50 p.m. , effective December 31, 2006, 5:00 p.m. ]


Effective Date of Rule: December 31, 2006, 5:00 p.m.

Purpose: Amend commercial fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-52-04600S; 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: This closure complies with state/treaty management agreements to reduce fishing mortality in areas that do not meet the hardshell criteria. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: December 20, 2006.

J. P. Koenings

Director


NEW SECTION
WAC 220-52-04600W   Crab fishery -- Seasons and areas.   Notwithstanding the provisions of WAC 220-52-046, effective 5:00 p.m. December 31, 2006 until further notice:

1) It will be unlawful to fish for Dungeness Crab for commercial purposes in those waters of Marine Fish-Shellfish Management and Catch Reporting Area 26A within the area east of a line from the spiral staircase at Howarth Park due north to the south end of Gedney Island and that portion of 24B east of a line from the north end of Gedney Island to Camano Head and south of a line drawn from Camano Head to Hermosa Point (north end of Tulalip Bay).

2) Effective immediately until further notice, it will be lawful to fish for Dungeness crab for commercial purposes in the following areas:

(a) Those waters of Marine Fish-Shellfish Management and Catch Reporting Area 26A within the area described by a line that extends due north from the green number 1 buoy at Scatchet Head to Scatchet Head, thence from the green number 1 buoy at Scatchet Head to the green number 1 buoy at Possession Point, thence due north from the green number 1 buoy at Possession Point to Possession Point.

(b) Those waters of Marine Fish-Shellfish Management and Catch Reporting Area 26A within the area east and north of a line that extends from Possession Point to the green number 1 buoy at Possession Point thence following the 200 foot contour northward to a point due east from the Glendale Dock, thence extending due west to the Whidbey Island shore.

(c) Those waters of Marine Fish-Shellfish Management and Catch Reporting Area 20A between the line from the western boundary of Birch Bay State Park to the western point of the entrance of the Birch Bay Marina and a line from the western boundary of Birch Bay State Park to Birch Point.

(d) That portion of Marine Fish-Shellfish Catch Area 22A in Deer Harbor north of a line from Steep Point to Pole Point.

(e) That portion of Marine Fish-Shellfish Catch Area 22B in Fidalgo Bay south of a line from the entrance of the Cap Sante Marina through the red #4 buoy at the marina entrance to the northern end of the eastern most oil dock and thence southward along the dock to the shore.

(f) Those waters of Marine Fish-Shellfish Management and Catch Reporting Area 26A west of a line that extends from the spiral staircase at Howarth Park due north to the south end of Gedney Island and intersecting a line projected from the outermost tip of the ferry dock at Mukilteo projected to the green #3 buoy at the mouth of the Snohomish River.

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REPEALER


The following section of the Washington Administrative Code is repealed effective 5:00 p.m. December 31, 2006:


WAC 220-52-04600S Crab fishery -- Seasons and areas. (06-281)

Washington State Code Reviser's Office