WSR 08-23-013

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 08-289 -- Filed November 6, 2008, 3:40 p.m. , effective November 10, 2008, 7:00 p.m. ]


Effective Date of Rule: November 10, 2008, 7:00 p.m.

Purpose: Amend commercial fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-52-04600X and 220-52-04600Y; 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. Gear retrieval period is to allow for inclement weather conditions. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 2.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: November 6, 2008.

J. P. Koenings

Director


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

1) Effective 7:00 p.m. November 10, 2008, until 7:00 a.m. November 17, 2008, it will be unlawful to fish for Dungeness Crab for commercial purposes in those waters of Crab Management Regions 1 and 2 East (Marine Fish Shellfish Catch Reporting Areas 20A, 20B, 21A, 21B, 22A, 22B, 24A, 24B, 24C, 24D, and 26A-East.

2) Effective 7:00 p.m. November 10, 2008, until 7:00 p.m. November 11, 2008, it will be permissible for crab fishers to remove their gear from those waters of Crab Management Regions 1 and 2 East (Marine Fish Shellfish Catch Reporting Areas 20A, 20B, 21A, 21B, 22A, 22B, 24A, 24B, 24C, 24D, and 26A-East. No crab may be retained, landed from, or possessed from these areas after 7:00 p.m. November 10, 2008.

[]


REPEALER


The following section of the Washington Administrative Code is repealed effective 7:00 p.m. November 10, 2008:


WAC 220-52-04600X Puget Sound crab fishery -- Seasons and areas. (08-233)

The following section of the Washington Administrative Code is repealed effective 7:01 a.m. November 17, 2008:


WAC 220-52-04600Y Puget Sound crab fishery -- Seasons and areas.

Washington State Code Reviser's Office