WSR 04-13-060

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 04-141 -- Filed June 14, 2004, 3:22 p.m. , effective June 15, 2004, 3:00 p.m. ]


     

     Purpose: Amend commercial fishing rules.

     Citation of Existing Rules Affected by this Order: Repealing WAC 220-52-04000B and 220-52-04600P; 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: The limited commercial fishery in these Marine fish -- Shellfish management and catch reporting areas are to take advantage of harvest opportunity and to maintain commercial harvest allocation plans. 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 0, Repealed 2.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

     Date Adopted: June 11, 2004.

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 220-52-04000B   Commercial crab fishery -- Exceptions to permanent rules for pot limits.   Notwithstanding the provisions of WAC 220-52-040, effective 3:00 p.m. June 15, 2004 through 3:00 p.m. June 16, 2004 it is unlawful for any person to fish for crabs for commercial purposes with more than 15 pots per license, per buoy tag number in all waters of Marine Fish-Shellfish Management and Catch Reporting Areas 24A, that portion of 24C north of a line that extends from the flashing red light located 1 nm north of Lowell Point on Camano Island, to East Point on Whidbey Island, and 24D.

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NEW SECTION
WAC 220-52-04600P   Crab fishery -- Seasons and areas.   Notwithstanding the provisions of WAC 220-52-046:

     (1) Effective 3:00 p.m. June 15 through 3:00 p.m. June 16, 2004, it is lawful to fish for Dungeness Crab for commercial purposes from in Marine Fish Shellfish Catch Areas 24A, that portion of 24C north of a line that extends from the flashing red light located 1 nm north of Lowell Point on Camano Island, to East Point on Whidbey Island, and 24D.

     (2) All other provisions of WAC 220-52-046 remain in effect.

[]

     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.
REPEALER

     The following sections of the Washington Administrative Code are repealed effective 3:01 p.m. June 16, 2004:


WAC 220-52-04000B Commercial crab fishery -- Exceptions to permanent rules for pot limits.
WAC 220-52-04600P Crab fishery -- Seasons and areas.

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