WSR 02-01-072

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 01-277 -- Filed December 14, 2001, 4:11 p.m. ]

     Date of Adoption: December 14, 2001.

     Purpose: Amend commercial rules.

     Citation of Existing Rules Affected by this Order: Repealing WAC 220-52-04700H and 220-52-04700I; and amending WAC 220-52-047.

     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 coastal crab fishery opening was delayed by a work stoppage, and gear that should have been set was not. Impacted by extremely bad ocean conditions creating safety and navigation problems. This rule provides for safety in setting gear, and provides for the economic well being of the industry. There is insufficient time to adopt 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 2.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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

December 14, 2001

Evan Jacoby

for Jeff Koenings

Director


NEW SECTION
WAC 220-52-04700I   Barging of crab pots -- Delayed opening.   Notwithstanding the provisions of WAC 220-52-046, effective immediately until 11:59 p.m. December 21, 2001:

     (1) It is lawful for a vessel not designated on a Dungeness-crab coastal fishery license to be used to deploy crab pot gear for the licensee, provided that the licensee is aboard when the gear is being deployed and the deploying vessel carries no more than 250 crab pots at any one time.

     (2) Violation of this section shall be enforced under RCW 77.15.520.

[]


REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 220-52-04700H Barging of crab pots by undesignated vessels extended. (01-271)

     The following section of the Washington Administrative Code is repealed effective 12:01 a.m. December 22, 2001:


WAC 220-52-04700I Barging of crab pots -- Delayed opening.

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