WSR 01-11-094

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 01-87 -- Filed May 18, 2001, 3:26 p.m. ]

Date of Adoption: May 18, 2001.

Purpose: Amend personal use fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-56-33000L; 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 or softshell molt is occurring for Dungeness crab harvest in Marine Areas 7, 8-1, 8-2 (north and west of a line from Camano Head to Sandy Point), 9 (north of the Foulweather Bluff to Olele Point line), and 10. Closure of the recreational crab fisheries in Puget Sound Marine Areas 4, 5, 6, 11 and 13 during the historical softshell closure period is necessary because the actual softshell period is unknown. The opening of Marine Area 12 and the southwest portion of Marine Area 9 is possible because a new allocation is available on June 1, 2001. Crab hard shell condition meets the criteria needed for harvest in the Hood Canal area and southeast portion of Marine Area 8-2. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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

May 18, 2001

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 220-56-33000M   Crab -- Areas and seasons.   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 all waters of Marine Areas, 4, 5, 6, 7, 8-1, 8-2, 9, 10, 11, 12 and 13, except as provided herein;

     (2) Effective 7:00 a.m. June 1, 2001, until further notice, it is lawful to fish for crab for personal use in Marine Area 12 and that portion of Marine Area 9 south of a line from Foulweather Bluff to Olele point on Fridays, Saturdays, Sundays and Mondays.

     (3) Effective immediately until further notice, it is lawful to fish for crab for personal use, in that portion of Marine Area 8-2 south and east of a line from Camano Head to Sandy Point on Whidbey Island on Fridays, Saturdays, Sundays and Mondays.

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REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 220-56-33000L Personal use fishery -- Exceptions to permanent seasons and areas. (01-57)

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