WSR 08-07-071

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 08-49 -- Filed March 18, 2008, 9:02 a.m. , effective March 18, 2008, 9:02 a.m. ]


     Effective Date of Rule: Immediately.

     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 for harvest allocation and to reduce fishing mortality in areas that do not meet the hardshell criteria. Bait possession prevention prevents pot rebaiting and further handling of soft shell crab. 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: March 18, 2008.

Phil Anderson

Deputy Director


NEW SECTION
WAC 220-52-04600U   Puget Sound crab fishery -- Seasons and areas.   Notwithstanding the provisions of WAC 220-52-046,

     1) Effective immediately until further notice, it will be unlawful to fish for Dungeness Crab for commercial purposes in those waters of Marine Fish Shellfish Catch Reporting Areas 20A, 20B, 21A, 21B, 22A, 22B (Crab Management Region 1), and Areas 24A, 24B, 24C, 24D, 26A-East (Crab Management Region 2 East).

     2) Effective 7:00 p.m. on March 20, 2008, until further notice, it will be unlawful to fish for Dungeness Crab for commercial purposes in those waters of Marine Fish Shellfish Catch Reporting Areas 26A-West, 25B, and 25D (Crab Management Region 2 West). Bait may not be aboard the designated crab vessel after 6:00 p.m. March 18, 2008.

     3) Effective 7:00 p.m. on March 31, 2008, until further notice, it will be unlawful to fish for Dungeness Crab for commercial purposes in those waters of Marine Fish Shellfish Catch Reporting Areas 23A, 23B, (Crab Management Region 3-1), Areas 25A, 25E, 23D (Crab Management Region 3-2), and Areas 23C, 29 (Crab Management Region 3-3).

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REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 220-52-04600S Puget Sound crab fishery -- Season and areas. (08-35)

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