WSR 98-24-039

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[Order 98-239--Filed November 24, 1998, 3:26 p.m., effective November 27, 1998, 8:00 a.m.]

Date of Adoption: November 23, 1998.

Purpose: Commercial fishing regulations.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-52-04000I; and amending WAC 220-52-040 and 220-52-046.

Statutory Authority for Adoption: RCW 75.08.080.

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: These rules are necessary to provide an equitable non-Indian harvest opportunity in Marine Fish-Shellfish Management and Catch Reporting Areas 60A-1 and 60B for the 1998-99 coastal Dungeness crab season. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 2, amended 0, repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.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: November 27, 1998, 8:00 a.m.

November 23, 1998

Larry W. Peck

Acting Director

NEW SECTION

WAC 220-52-04000I  Commercial crab fishery--Early hold inspection. Notwithstanding the provisions of WAC 220-52-040, effective 12:01 a.m. November 28, 1998, through 11:59 p.m. November 30, 1998, it is lawful for a wholesale dealer to purchase crab taken from Grays Harbor by a fisher whose designated vessel does not have a Washington crab vessel hold inspection certificate.

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NEW SECTION

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

(1) Effective 8:00 a.m. November 27, 1998, it is lawful to set baited crab gear in Grays Harbor, and effective 12:01 a.m. November 28, 1998, it is lawful to harvest and land crab taken from Grays Harbor.

(2) Effective immediately until further notice the SMAs described in WAC 220-52-046 (6)(a) are open concurrent with the non-treaty coastal crab fishery.

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