WSR 05-04-065

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 05-11 -- Filed January 31, 2005, 1:57 p.m. , effective February 1, 2005, 8:01 a.m. ]


Purpose: Amend commercial fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-52-04000I and 220-52-04600T; and amending WAC 220-52-040 and 220-52-046.

Statutory Authority for Adoption: RCW 77.12.240.

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 state may not authorize commercial shellfish harvest absent agreed planning or compliance with a process. The provisions of this rule are in conformity with agreed plans with applicable tribes, which have been entered as required by the court order. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 0, Repealed 2.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: January 28, 2005.

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 220-52-04000I   Commercial crab fishery -- Lawful and unlawful gear, methods, and other unlawful acts.   Notwithstanding the provisions of WAC 220-52-040, effective 8:01 a.m. March 1, 2005 through 12:00 p.m. March 31, 2005, in the area described below:

Quinault SMA:
Southwest point (Copalis

River):

4708.00'N 12419.25'W
Central point: 4716.8'N 12424.6'W
Northwest point: (1 mile north of Split Rock): 4725.50'N 12430.00'W

(1) It is unlawful for any vessel to use, maintain, operate, or control more than 100 pots per license.

(2) No pots shall be deployed unless notice has been given 48 hours in advance. The notice must include the following information: name of person controlling the gear; the vessel name; the amount of gear being deployed; and the buoy brand identification data. Notice must be given by one of the following methods:

1. Fax transmission to Heather Reed at 360-644-0689;

2. E-mail to reedhjr@dfw.wa.gov; or

3. Telephone call to: Heather Reed at 360-249-4628, Extension 202.

[]

Reviser's note: The unnecessary underscoring 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.
NEW SECTION
WAC 220-52-04600Y   Coastal crab fishery--Special management area.   Notwithstanding the provisions of WAC 220-52-046, effective immediately until further notice, it is unlawful for non-Indian commercial fishers to fish for or take crab for commercial purposes, or place gear, in the following areas during the periods indicated:

Quileute

(1) The following area is closed through April 30, 2005

(a) Coastal waters between 4740.50'N and 4758.00'N, and east of a line described by the following points:


Southern point (Destruction Island): 4740.50'N 12440.00'W
Northern point (Cape Johnson): 4758.00'N 12449.00'W

Quinault

(1) The following area is closed through 12:00 p.m. February 28, 2005:

(b) Coastal waters between 4708.00'N and 4725.50'N, and east of a line described by the following points:

Southwest point (Copalis River): 4708.00'N 12419.25'W
Central point: 4716.8'N 12424.6'W
Northwest point: (1 mile north of Split Rock): 4725.50'N 12430.00'W

Makah

(2) The following area is closed through March 9, 2005:

(a) Coastal waters between 4807.50'N and 4823.00'N, and east of a line described by the following points:

Southwest point: 4807.50'N 12450.00'W
Northwest point: 4820.00'N 12450.00'W
Cape Flattery: 4823.00'N 12444.00'W

[]

Reviser's note: The typographical errors in the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.
REPEALER


The following section of the Washington Administrative Code is repealed effective 12:01 a.m. April 1, 2005:


WAC 220-52-04000I Commercial crab fishery -- Lawful and unlawful gear methods, and other unlawful acts. (05-11)

The following section of the Washington Administrative Code is repealed effective 8:00 a.m. February 1, 2005:


WAC 220-52-04600T Coastal crab fishery -- Special management areas. (04-308)

Washington State Code Reviser's Office