WSR 01-01-112

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 00-258 -- Filed December 18, 2000, 2:44 p.m. ]

Date of Adoption: December 18, 2000.

Purpose: Amend commercial fishing rules.

Citation of Existing Rules Affected by this Order: Amending WAC 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 provisions of this rule reflect industry agreements on fishing plans and are made in conformity with the intent of permanent rules regarding the use of nondesignated vessels sixty-four hours prior to season openings, and forty-eight hours afterward. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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

December 18, 2000

Evan Jacoby

for Jeff P. Koenings

Director


NEW SECTION
WAC 220-52-04600J   Barging of crab pots by undesignated vessels extended   Notwithstanding the provisions of WAC 220-52-046, effective immediately until further notice:

     (1) It is lawful for a vessel not designated on a Dungeness crab-coastal fishery license to be used to deploy shellfish pot gear beginning 12:01 a.m. December 19, 2000 until 4:00 p.m. on December 24, 2000 provided that:

     (a) Such a vessel may not carry aboard more than 150 shellfish pots at any one time.

     (b) The lawful owner of the shellfish pot gear must be aboard the vessel when the gear is being deployed.

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