WSR 02-04-093

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 02-26 -- Filed February 5, 2002, 11:23 a.m. , effective February 5, 2002 ]

     Date of Adoption: February 4, 2002.

     Purpose: Amend personal use rules.

     Citation of Existing Rules Affected by this Order: Repealing WAC 220-52-04600C; 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: This regulation (1) carries over the Cultus Bay and Useless Bay commercial zone fixes to reflect current state/tribal management plans, (2) closes all of Region 2E on February 16 due to crab softshell timing, and (3) opens the Similk Bay tribal exclusive zone until February 16 to help maintain state/tribal allocation objectives. 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: February 5, 2002.

February 4, 2002

Evan Jacoby

for Jeff Koenings

Director


NEW SECTION
WAC 220-52-04600D   Crab fishery -- Areas and seasons.   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 immediately 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 (47º 58.782"N, 122º 30.84'W) projected 110º true to the boulder on shore (47º 57.690'N, 122º 26.742'W).

     (3) Effective 12:01 February 16, 2002 until further notice commercial crab harvest is closed in all waters of Marine Fish-Shellfish Catch Reporting Areas 24A, 24B, 24C, 24D, and that portion of 26A, north of a line that extends from Possession Point eastward to the Shipwreck located .8 nautical miles north of Picnic Point.

     (4) Effective 8:00 a.m. February 5, 2002 until 12:01 February 16, 2002, commercial crab harvest is allowed in that portion of Marine Fish-Shellfish Catch Reporting Area 24A east of a line drawn from the most westerly tip of Skagit Island due north to Fidalgo Island and east of a line extending south from the most westerly tip of Skagit Island to the most westerly tip of Hope Island, thence extending southeast to Seal Rocks, thence southeast to the green can at the mouth of the Swinomish Channel, thence easterly to the west side of Goat Island and thence due north to Fidalgo Island.

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REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 220-52-04600C Crab fishery--Seasons and areas. (02-07)

© Washington State Code Reviser's Office