WSR 09-05-015

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 09-15 -- Filed February 6, 2009, 2:35 p.m. , effective February 15, 2009, 7:00 a.m. ]


Effective Date of Rule: February 15, 2009, 7:00 a.m.

Purpose: Amend commercial fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-52-04000C and 220-52-04600B; 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 closure of Crab Management Region 2E complies with state/treaty management agreements for allocation and to reduce fishing mortality in an area that no longer meets hard shell criteria. Reopening Crab Management Region 1 with the pot limit restriction is to implement harvest objectives that comply with state/treaty management agreements for allocation. There is insufficient time to adopt 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 0, Repealed 2.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: February 6, 2009.

Loreva M. Preuss

for Philip Anderson

Director


NEW SECTION
WAC 220-52-04000F   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. February 15, 2009 until further notice, it is unlawful for any person to fish for crabs for commercial purposes with more than 50 pots per license per buoy tag number in Crab Management Region 1 (which includes Marine Fish Shellfish Catch Reporting Areas 20A, 20B, 21A, 21B, 22A and 22B).

The remaining buoy tags per license per region must be onboard the designated vessel and available for inspection in Crab Management Area.

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NEW SECTION
WAC 220-52-04600D   Puget Sound crab fishery -- Seasons and areas.   Notwithstanding the provisions of WAC 220-52-046, effective 6:00 p.m. February 15, 2009, until further notice, it will be unlawful to fish for Dungeness Crab for commercial purposes in those waters of Crab Management Region 2 East (Marine Fish-Shellfish Management and Catch Reporting Areas 24A, 24B, 24C, 24D, and 26A E).

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REPEALER


The following sections of the Washington Administrative Code are repealed effective 7:00 a.m. February 15, 2009:


WAC 220-52-04000C Commercial crab fishery -- Lawful and unlawful gear, methods, and other unlawful acts. (08-282)
WAC 220-52-04600B Crab fishery -- Seasons and areas. (08-316)

Washington State Code Reviser's Office