WSR 03-01-033

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 02-295 -- Filed December 6, 2002, 2:53 p.m. , effective December 10, 2002, 8:00 a.m. ]

     Date of Adoption: December 6, 2002.

     Purpose: Amend commercial fishing regulations.

     Citation of Existing Rules Affected by this Order: Repealing WAC 220-52-04000I and 220-52-04600K; and amending WAC 220-52-040 and 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: Adjustments made to boundaries of noncommercial zones to be consistent with state/tribal management plans. The closures/openers are to maintain state commercial quota plans in those regions. 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 0, Repealed 2.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: December 10, 2002, 8:00 a.m.

December 6, 2002

Sara G. LaBorde

for Jeff Koenings

Director


NEW SECTION
WAC 220-52-04000K   Commercial crab fishery -- Exceptions to permanent rules for pot limits.   Notwithstanding the provisions of WAC 220-52-040, effective 8:00 a.m. December 10, 2002 until further notice, it is unlawful to fish for crabs for commercial purposes with more than 50 pots per license, per buoy tag number in Marine Fish-Shellfish Management and Catch Reporting Areas 20A, 20B, 21A, 21B, 22A and 22B.

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NEW SECTION
WAC 220-52-04600M   Crab fishery -- Seasons and areas.   (1) Notwithstanding the provisions of WAC 220-52-046, it is lawful to fish for Dungeness Crab for commercial purposes as provided herein:

     (a) Effective immediately until further notice, commercial harvest will be allowed in 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.

     (2) Effective immediately until further notice, it is unlawful to fish for or possess crab taken for commercial purposes from those waters of Marine Fish-Shellfish Management and Catch Reporting Areas 23A and 23B.

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REPEALER


     The following sections of the Washington Administrative Code are repealed effective 8:00 a.m. December 10, 2002:


WAC 220-52-04000I Commercial crab fishery -- Exceptions to permanent rules for pot limits. (02-285)
WAC 220-52-04600K Crab fishery--Seasons and areas. (02-285)

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