EMERGENCY RULES
FISH AND WILDLIFE
Date of Adoption: September 10, 2002.
Purpose: Amend commercial fishing regulations.
Citation of Existing Rules Affected by this Order: Amending WAC 220-22-400, 220-52-040, 220-52-046, 220-52-047, and 220-69-240.
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 state may not authorize commercial shellfish harvests absent agreed planning or compliance with a process. The provisions of this rule are in conformity with agreed plans with applicable tribes which have been entered as required by court order. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 5, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.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Repealed 0;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Repealed 0;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Repealed 0.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 1, 2002, 12:01 a.m.
September 10, 2002
J. P. Koenings
Director
(1) Area 26A-W shall include those waters of Puget Sound south of 25B and northerly of a line from Apple Cove Point to Point Edwards and south and west of a line that extends from Possession Point to the Shipwreck located .8 nautical miles north of Picnic Point.
(2) Area 26A-E shall include those waters of Puget Sound south of Areas 24B and 24C and north and east of a line that extends from Possession Point to the Shipwreck located .8 nautical miles north of Picnic Point.
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(1) It will be lawful to fish for crabs for commercial purposes with 100 pots per license, per buoy tag number in Marine Fish Shellfish Catch Areas 29, 23A, 23B, 23C, 23D, and 25A, effective 11:59 p.m. October 15, 2002, until further notice.
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(1) Effective 12:01 a.m. October 1, 2002 until further notice, 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, 2002 through March 31, 2003, those waters of Marine Fish-Shellfish Management and Catch Reporting Area 26A east and north of a line that extends from Possession Point to the green number 1 buoy at Possession Point thence following the 200 foot contour northward to a point due east from the Glendale Dock, thence extending due west to the Whidbey Island shore.
(3) Effective 12:01 a.m. October 16, 2002 through March 14, 2003, 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).
(4) Effective 12:01 a.m. October 1, 2002 until further notice, that portion of Marine Fish/Shellfish Catch Area 21B in Samish Bay south of a line from Fish Point and Point Williams deeper than 60 feet.
(5) Effective 12:01 a.m. October 1, 2002 until further notice, all waters of Marine Fish/Shellfish Catch Area 25D.
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(1) Dungeness crab pots may be deployed between 8:00 a.m. October 1, 2002 and 7:59 a.m. October 3, 2002 in Puget Sound waters from a vessel not designated on a persons Puget Sound crab license provided that the primary or alternate operator designated on the license is on board the non-designated vessel ("barge" vessel), and provided prior notice has been given as indicated below.
(2) The license holder must leave a telephone message at the La Conner office, (360) 466-4345, extension 245, with the following information:
a) Name and license number of license owner.
b) Name of designated primary operator if different from license owner.
c) Name of alternate operator if used to deploy pots from a non-designated vessel.
d) Buoy brand number and number of pots to be deployed from a non-designated vessel.
e) Name and identification numbers (WN and/or Coast Guard) of the non-designated vessel.
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