WSR 01-08-072

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 01-45 -- Filed April 3, 2001, 1:22 p.m. ]

Date of Adoption: April 2, 2001.

Purpose: Amend personal use fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-56-33000J; and amending WAC 220-56-330.

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: State/tribal allocation balances have been reached for Dungeness crab harvest in Marine Areas 7, 8-1, 8-2, 9, 10 and 12. In addition crab are entering a molt period in many of these areas. Closure of the recreational crab fisheries in Marine Areas 4, 5, 6, 11 and 13 on the historical softshell closure date is necessary because the actual softshell period is unknown and WDFW/tribal staff are unable to test crab condition in all these areas. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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

April 2, 2001

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 220-56-33000K   Personal use fishery--Allocation and softshell closures.   Notwithstanding the provisions of WAC 220-56-330:

     (1) Effective immediately until further notice, it is unlawful to fish for crab for personal use in Puget Sound in those waters of Marine Area 7 and all waters of Marine Areas 8-1, 8-2 those waters of area 9 south of a line from Foulweather Bluff to Olele Point and all waters of area 12.

     (2) Effective 6:00 p.m. April 15, 2001 until further notice, it is unlawful to fish for crab for personal use in Puget Sound in those waters of Marine Areas 4, 5, 6, 9, and 10.

     (3) Effective 6:00 p.m. April 15, 2001 until 8:00 a.m. July 16, 2001 it is unlawful to fish for crab for personal use in Puget Sound in those waters of Marine Areas 11 and 13.

[]


REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 220-56-33000J Personal use fishery -- Allocation closure. (00-250)

© Washington State Code Reviser's Office