EMERGENCY RULES
FISH AND WILDLIFE
Date of Adoption: May 26, 2000.
Purpose: Amend commercial fishing rules.
Citation of Existing Rules Affected by this Order: Repealing WAC 220-52-04000T and 220-52-04600B; and amending WAC 220-52-040 and 220-52-046.
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: Recent state and tribal crab test fishing indicate that the overall crab shell condition in this area meet the criteria to conduct crab harvest by pot gear and there is a harvestable surplus of crab in the area opened by this regulation. A reduced pot limit is necessary to avoid exceeding the allocation. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 0, Repealed 2.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0. Effective Date of Rule: May 30, 2000, 7:00 p.m.
May 26, 2000
Evan Jacoby
for Jeff P. Koenings
Director
Notwithstanding the provisions of WAC 220-52-040, effective 7:00 p.m. May 30, until 10:00 a.m. June 1, 2000, it is unlawful for any person to take or fish for crab for commercial purposes in the Puget Sound licensing district using, operating, or controlling any more than an aggregate total of 25 shellfish pots or ring nets. This limit shall apply to each license. However, this shall not preclude a person holding two Puget Sound crab licenses from designating and using the licenses from one vessel as authorized by RCW 75.28.048(4).
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Notwithstanding the provisions of WAC 220-52-046, effective 7:00 p.m. May 30, until 10:00 a.m. June 1, 2000, it is lawful to fish for Dungeness crab for commercial purposes from the following Marine Fish/Shellfish Catch Reporting Areas:
(1) Marine Fish/Shellfish Catch Reporting Area 24B, except those waters inside a line projected from Priest Point to the five-meter tower between Gedney Island and Priest Point, thence northwesterly on a line between the five-meter tower and Barnum Point 140° true to the intersection with a line projected true west from Kayak Point, thence east to shore remain closed.
(2) Contiguous of Marine Fish/Shellfish Catch Reporting Area 26A north of a line drawn from Possession Point on the southern tip of Whidbey Island to the shipwreck north of Picnic Point, except those waters east of a line projected from the Mukilteo ferry dock directly through the 3A buoy at Snohomish River mouth to the mainland.
(3) That portion of Marine Fish/Shellfish Catch Reporting Area 26A within a line projected due south from Possession Point to the green #1 buoy and from the green #1 buoy at Possession Point following the 200-foot depth contour to a point due east from the Glendale dock thence directly to the Glendale dock.
(4) Marine Fish/Shellfish Catch Reporting Area 24C, excluding an area inshore of the 400 foot depth contour within an area described by two lines projected 30° true northeast from Sandy Point and the entrance to the marina at Langley.
(5) Marine Fish/Shellfish Catch Reporting Area 24A, except:
(a) Those waters inside and easterly of a line drawn from Rocky Point on the northwest corner of Camano Island to the red nun buoy "2" north of Utsalady Point and then to Brown Point on the northeast corner of Utsalady Bay;
(b) Those waters within Coronet Bay south of a line projected true east and west from the north tip of Ben Ure Island; and
(c) Those waters east of a line drawn from the most westerly tip of Skagit Island due north and extending south to the most westerly tip of Hope Island and extending southeast to Seal Rocks, southeast to the green can at the mouth of the Swinomish Channel and easterly to the west side of Goat Island.
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The following sections of the Washington Administrative Code
are repealed effective 10:01 a.m. June 1, 2000:
| WAC 220-52-04000T | Commercial crab fishery--25 Pot per license limit. |
| WAC 220-52-04600B | Commercial crab fishery--Areas and seasons. |