10-04-062

WSR 10-04-062

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 10-18 -- Filed January 29, 2010, 3:36 p.m. , effective February 3, 2010, 8:00 a.m. ]

     Effective Date of Rule: February 3, 2010, 8:00 a.m.

     Purpose: Commercial fishing rules.

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

     Statutory Authority for Adoption: RCW 77.12.047, 77.04.020, and 77.70.430.

     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: Daily catch rates show that an increase in effort is necessary to achieve harvest objectives. There is insufficient time to adopt 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

     Date Adopted: January 29, 2010.

Philip Anderson

Director

NEW SECTION
WAC 220-52-04000Q   Commercial crab fishery -- Lawful and unlawful gear, methods, and other unlawful acts.   Notwithstanding the provisions of WAC 220-52-040, effective 8:00 a.m. February 3, 2010 until further notice, it is unlawful for any person to fish for crabs for commercial purposes with more than 75 pots per license per buoy tag number in Crab Management Region 1 (which includes Marine Fish Shellfish Management and Catch Reporting Areas 20A, 20B, 21A, 21B, 22A and 22B).

     The remaining buoy tags per license per region must be onboard the designated vessel and available for inspection in Crab Management Region 1.

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REPEALER

     The following section of the Washington Administrative Code is repealed effective 8:00 a.m. February 3, 2010:

WAC 220-52-04000M

Commercial crab fishery -- Lawful and unlawful gear, methods, and other unlawful acts. (09-263)