WSR 10-06-044

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 10-43 -- Filed February 23, 2010, 2:48 p.m. , effective February 23, 2010, 2:48 p.m. ]


Effective Date of Rule: Immediately.

Purpose: 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, 77.04.020, and 77.70.430.

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: State crab harvest has reached agreed upon regional quotas. This closure complies with the state/treaty management plans for these regions. This regulation corrects limited commercial zone restrictions that are no longer necessary. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: February 23, 2010.

Philip Anderson

Director


NEW SECTION
WAC 220-52-04600T   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 Crab Management Region 2 East (Marine Fish Shellfish Management and Catch Reporting Areas 24A, 24B, 24C, 24D, 25B, 25D, 26A West and 26A East).

2) Effective immediately until further notice, it will be unlawful to fish for Dungeness Crab for commercial purposes in those waters of Crab Management Region 3-2 (Marine Fish Shellfish Management and Catch Reporting Areas 23D, 25A, and 25E).

3) Effective 7:00 p.m. on February 24, 2010 until further notice, it will be unlawful to fish for Dungeness Crab for commercial purposes in those waters of Crab Management Region 3-3 (Marine Fish Shellfish Management and Catch Reporting Areas 23C and 29).

4) Effective immediately until further notice, the following Limited Commercial zones are open to commercial crab fishing:

a. Birch Bay: Those waters of Marine Fish-Shellfish Management and Catch Reporting Area 20A between a line from the boat ramp at 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 same boat ramp to Birch Point.

b. Fidalgo Bay: Those waters of Marine Fish-Shellfish Management and Catch Reporting Area 22B in Fidalgo Bay south of a line projected from the red number 4 entrance buoy at Cap Sante Marina to the northern end of the eastern most oil dock.

c. Deer Harbor: Those waters of Marine Fish-Shellfish Management and Catch Reporting Area 22A in Deer Harbor north of a line projected from Steep Point to Pole Pass.

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Reviser's note: The unnecessary underscoring in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 220-52-04600S Commercial crab fishery -- Lawful and unlawful gear, methods, and other unlawful acts. (10-36)

Washington State Code Reviser's Office