EMERGENCY RULES
FISH AND WILDLIFE
Date of Adoption: March 17, 2000.
Purpose: Amend personal use rules.
Citation of Existing Rules Affected by this Order: Amending WAC 220-56-330.
Statutory Authority for Adoption: RCW 75.08.080.
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: Test fishing results from Marine Area 12 (Hood Canal) and that part of Marine Area 9 north of the Hood Canal bridge and south of a northwesterly line from Foulweather Bluff to Olele Point do not meet hardshell criteria established by agreed state/tribal management plans. The plans require closures of crab pot fisheries when the occurrence of hardshell legal male crab taken in test fishing pots falls below 80%. Recent sampling shows the occurrence of legal hardshell males to average 45%. The hardshell criteria were established to prevent unacceptable handling mortality and resource loss. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: March 19, 2000, 6:00 p.m.
March 17, 2000
J. P. Koenings
Director
by Larry Peck
Notwithstanding the provisions of WAC 220-56-330, effective 6:00 p.m. March 19, 2000 until further notice, it is unlawful to fish for crab for personal use using shellfish pot gear from Marine Area 12 (Hood Canal) and that part of Marine Area 9 north of the Hood Canal bridge and south of a northwesterly line from Foulweather Bluff to Olele Point.
[]