WSR 07-13-094

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 07-119 -- Filed June 19, 2007, 3:34 p.m. , effective June 22, 2007, 7:00 a.m. ]


Effective Date of Rule: June 22, 2007, 7:00 a.m.

Purpose: Amend commercial fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-52-04600F, 220-52-04000J and 220-52-04600H; 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 limited commercial fishery in these Marine fish - Shellfish management and catch reporting areas is to take advantage of harvest opportunity and to maintain commercial harvest allocations 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 0, Repealed 3.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 18, 2007.

J. P. Koenings

Director


NEW SECTION
WAC 220-52-04000J   Commercial crab fishery -- Lawful and unlawful gear, methods, and other unlawful acts.   Notwithstanding the provisions of WAC 220-52-040, effective 7:00 a.m. June 22, 2007, through 7:00 p.m. June 23, 2007, it is unlawful for any person to fish for crabs for commercial purposes with more than 35 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 220-52-04600H   Crab fishery -- Seasons and areas.   Notwithstanding the provisions of WAC 220-52-046:

(1) Effective 7:00 a.m. June 22 through 7:00 p.m. June 23, 2007, a person may fish for Dungeness Crab for commercial purposes in Marine Fish Shellfish Catch Areas 24A, 24B, 24C and 26A-E.

(2) Effective 7:00 a.m. June 22 through 7:00 p.m. June 23, 2007, a person may fish for Dungeness Crab for commercial purposes in those waters of Marine Fish-Shellfish Management and Catch Reporting Area 26A east of a line projected from the outermost tip of the ferry dock at Mukilteo to the green #3 buoy at the mouth of the Snohomish River and west of a line projected from the #3 buoy southward to the oil boom pier on the shoreline.

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

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REPEALERS

The following section of the Washington Administrative Code is repealed, effective 7:00 a.m. June 22, 2007:

WAC 220-52-04600F Crab fishery -- Seasons and areas. (07-41)

The following sections of the Washington Administrative Code are repealed, effective 7:01 p.m. June 23, 2007:

WAC 220-52-04000J Commercial crab fishery -- Lawful and unlawful gear, methods, and other unlawful acts.
WAC 220-52-04600H Crab fishery -- Seasons and areas.

Washington State Code Reviser's Office