WSR 99-24-103

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 99-208 -- Filed November 30, 1999, 4:49 p.m. ]

Date of Adoption: November 30, 1999.

Purpose: Commercial fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-52-04600U; and amending WAC 220-52-046.

Statutory Authority for Adoption: RCW 75.08.080.

Under RCW 34.05.350 the agency for good cause finds that state or federal law or federal rule or a federal deadline for state receipt of federal funds requires immediate adoption of a rule.

Reasons for this Finding: This rule provides for a special management area for the Quillayute commercial crab fishery, and is consistent with agreements reached to implement the shellfish provisions of United States v. Washington. The agreements were not finalized in time to allow promulgation of a permanent rule, and this emergency rule is necessary to provide for certainty in both the tribal and nontribal commercial crab fishery while the permanent rule process is underway.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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

November 30, 1999

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 220-52-04600U
Coastal crab seasons and areas -- Special management area.

Notwithstanding the provisions of WAC 220-52-046, effective immediately through 11:59 p.m. January 7, 2000, and 12:01 a.m. January 5, 2000, through 11:59 p.m. March 27, 2000, the following area is closed to commercial crab fishing, except for treaty Indian commercial crab fishing where the treaty Indian crab fisher is fishing during tribal openings that are in accordance with the provisions of court orders in United States v. Washington: Those waters within a line beginning on the Washington shore at 48º02.25'N, thence due west to 124º50.00'W, thence southerly to 48º00.00'N, 124º49.50'W, thence southerly to 47º40.50'N, 124º37.50'W, thence due east to shore, thence following the coastline to the point of origin.

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REPEALER


The following section of the Washington Administrative Code is repealed effective 12:01 a.m. March 28, 2000:


WAC 220-52-04600U Coastal crab seasons and areas -- Special management area.

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