WSR 01-21-028

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 01-233 -- Filed October 10, 2001, 8:16 a.m. , effective October 11, 2001, 6:00 p.m. ]

     Date of Adoption: October 9, 2001.

     Purpose: Amend commercial fishing rules.

     Citation of Existing Rules Affected by this Order: Repealing WAC 220-52-04600S; and 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: Closure in Crab Management Region 2E is to protect soft shelled crab. Closure in Crab Management Region 1 is to maintain state commercial quota. 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: October 11, 2001, 6:00 p.m.

October 9, 2001

Evan Jacoby

for Jeff Koenings

Director


NEW SECTION
WAC 220-52-04600T   Crab fishery -- Seasons and areas.   Notwithstanding the provisions of WAC 220-52-046, it will be lawful to fish for Dungeness Crab for commercial purposes except as provided herein:

     (1) Effective immediately until further notice, commercial crab harvest is allowed in those waters of Marine Fish-Shellfish Management and Catch Reporting Area 26A within a line that extends due north from the green number 1 buoy at Scatchet Head to Scatchet Head, thence from the green number 1 buoy at Scatchet Head to the green number 1 buoy at Possession Point, thence due north from the green number 1 buoy at Possession Point to Possession Point.

     (2) Effective 12:01 a.m. October 16, 2001 through March 14, 2002, commercial crab harvest is allowed in those waters of 26A north and east of a line from the south end of the Double Bluff State Park seawall (47° 58.78' N, 122° 30.84' W) projected 110° true to the boulder on shore (47° 57.69' N, 122° 26.74' W).

     (3) Effective immediately until further notice, commercial harvest will be closed in those Possession Sound waters of Marine Fish-Shellfish Management and Catch Reporting Areas 26A, north of a line that extends from Possession Point to the shipwreck, and all waters of 24B.

     (4) Effective 6:00 p.m. October 11, 2001 until further notice, commercial harvest will be closed in those waters of Marine Fish-Shellfish Management and Catch Reporting Areas 20A, 20B, 21A, 21B, 22A, and 22B except that for the following 48 hour period, crab fishers may continue to remove their gear from the grounds. No crab may be landed from or possessed from these areas after 6:00 p.m. October 11, 2001.

[]


REPEALER

     The following section of the Washington Administrative Code is repealed effective 6:00 p.m. October 11, 2001:


WAC 220-52-04600S Crab fishery -- Seasons and areas.. (01-221)

     Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.

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