WSR 04-05-007

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 04-16 -- Filed February 6, 2004, 12:52 p.m. ]

Date of Adoption: February 5, 2004.

Purpose: Amend commercial fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-52-04000U and 220-52-04600F; 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 pot limits for the commercial crab fishery in the Puget Sound licensing district are required to maintain commercial harvest allocation plans. The reopening of Catch Areas 23D, 25A, and 25E is due to increased quota in that region. The closure of catch areas specified in this regulation is required by state/tribal management agreement. The closure of the Everett flats area of 26A and 24B is due to high percentages of soft crab. Commercial opportunity in the above zones reflects state/tribal agreements to maintain allocation objectives. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 0, Repealed 2.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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

February 5, 2004

J. P. Koenings

Director


NEW SECTION
WAC 220-52-04000V   Commercial crab fishery -- Exceptions to permanent rules for pot limits.   Notwithstanding the provisions of WAC 220-52-040:

1) Effective 7:00 a.m. February 9, 2004, until further notice, it is unlawful for any person to fish for crabs for commercial purposes with more than 50 pots per license, per buoy tag number in all waters of the Puget Sound Marine Fish Shellfish Catch Reporting Areas 23D, 25A, and 25E. The remaining 50 buoy tags per license must be onboard the designated vessel and available for inspection.

2) Effective immediately until further notice, it is unlawful for any person to fish for crabs for commercial purposes with more than 50 pots per license, per buoy tag number in all waters of the Puget Sound Marine Fish Shellfish Catch Reporting Areas 20A, 20B, 21A, 21B, 22A, and 22B. The remaining 50 buoy tags per license must be onboard the designated vessel and available for inspection.

3) Effective immediately 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 all waters of the Puget Sound Marine Fish Shellfish Catch Reporting Areas 23A, 23B, 23C, 23D, 24A, 24B, 24C, 24D, 25A, 25B, 25D, 25E, 26AE, 26AW, and 29. The remaining 25 buoy tags per license must be onboard the designated vessel and available for inspection.

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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 7:00 a.m. February 9, 2004, until further notice, it is lawful to fish for Dungeness crab for commercial purposes in Catch Areas 23D, 25A, and 25E.

(2) Effective 7:00 p.m. February 15, 2004, until further notice, it is unlawful to fish for Dungeness crab for commercial purposes in Catch Areas 24A, 24B, 24C, 24D, and 26A-E.

(3) Effective 7:00 p.m. February 29, 2004, until further notice, it is unlawful to fish for Dungeness crab for commercial purposes in Catch Areas 25B, 25D and 26A-W.

(4) Effective immediately until further notice, it is unlawful to fish for or possess commercial crab taken from those waters of Marine Fish-Shellfish Management and Catch Reporting Area 26A east of a line from Howarth Park due north to the south end of Gedney Island and that portion of 24B east of a line from the north end of Gedney Island to Camano Head and south of a line drawn from Camano Head to Hermosa Point.

(5) Effective immediately until further notice, it will be lawful to fish for Dungeness Crab for commercial purposes in the following areas:

(a) 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.

(b) 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.

(c) That portion of Marine Fish-Shellfish Management and Catch Reporting Area 21B in Samish Bay south of a line from Fish Point and Point Williams in water deeper than 60 feet.

(d) That portion of Marine Fish-Shellfish Management and Catch Reporting Area 26A south of a line projected from the outermost tip of the ferry dock at Mukilteo projected to the green #3 buoy at the mouth of the Snohomish River and west of a line projected northward from the spiral staircase at Howarth Park to the southern most tip of Gedney Island.

(6) Effective immediately until further notice Marine Fish-Shellfish Management and Catch Reporting Area 26A shall be further defined by the following boundaries:

(a) Area 26A-W shall include those waters of Catch Area 26A 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.

(b) Area 26A-E shall include those waters of Catch Area 26A 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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REPEALER

     The following sections of the Washington Administrative Code are repealed:
WAC 220-52-04000U Commercial crab fishery -- Exceptions to permanent rules for pot limits. (03-288)
WAC 220-52-04600F Crab fishery -- Seasons and areas. (03-320)

Legislature Code Reviser 

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Washington State Code Reviser's Office