WSR 06-03-049

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 06-05 -- Filed January 11, 2006, 9:17 p.m. , effective January 12, 2006, 8:00 a.m. ]


Effective Date of Rule: January 12, 2006, 8:00 a.m.

Purpose: Amend commercial fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-52-04600H; and amending WAC 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 10, 2006.

J. P. Koenings

Director


NEW SECTION
WAC 220-52-04600I   Coastal crab seasons.   Notwithstanding the provisions of WAC 220-52-046, effective immediately until further notice, it is unlawful for commercial fishers to fish for or take crab for commercial purposes, or place gear, in the following areas during the periods indicated:


Special Area Management (SMA) Restrictions

Makah:

Close: 12:01 a.m. January 28, 2006/Open: 8:00 a.m. March 29, 2006

The Dungeness crab fishery will be closed beginning January 28, 2006 through March 28, 2006 in the coastal waters between 4802.15N. to 4820.00N. and east of a line connecting those points approximating the 25-fathom line. The SMA is described as the marine waters within the following points:

Northeast Corner; Tatoosh Island

Northwest Corner; 4820.00N. - 12450.45W.

Southwest Corner; 4802.15N. - 12450.45W.

Southeast Corner, 4802.15N. - 12441.00W.

Quinault:

Close: Immediately/Open: March 1, 2006

A primary SMA will be established to include the coastal waters shoreward of a line approximating the 25-fathom depth curve between Raft River (4728.00) and Copalis River (4708.00). This area will remain closed until February 28, 2006.

Northeast Corner: 4728.00N. - 12420.70W.

Northwest Corner: 4728.00N. - 12433.00W.

Southwest Corner: 4708.00N. - 12423.50W.

Southeast Corner: 4708.00N. - 12411.20W.

Close: 12:01 a.m. March 1, 2006 until further notice.

A secondary SMA will be established to include the area shoreward of a line approximating the 25-fathom depth curve between the mouth of the Copalis River and the mouth of the Quinault River. This area will be closed from the time the primary SMA closure concludes until further notice.

There will be a 100-pot limit in the area shoreward of 25 fathoms from Raft River to Copalis River until further notice and a requirement to pre-register with the Department before fishing in this area.

This SMA will be described as the marine waters within the following points:

Quinault Secondary SMA cont.

Northeast Corner: 4721.00N. - 12418.00W.

Northwest Corner: 4721.00N. - 12429.75W

Southwest Corner: 4708.00N. - 12423.50W.

Southeast Corner: 4708.00N. - 12411.20W.

Quileute:

In the area from Sand Point to Destruction Island:

(1) Crab gear may be set beginning 8:00 a.m. January 12, 2006.

(2) It is lawful to pull crab gear beginning 12:01 a.m. January 15, 2006.

(3) The state fishery will remain closed in the SMA described as the marine waters within the following points:

Northeast Corner; 4758.00N - 12440.40W.

Northwest Corner; 4758.00N. - 12449.00W.

Southwest Corner; 4740.50N. - 12540.00W.

Southeast Corner; 4740.50N. - 12424.43W.

[]

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.
REPEALER


The following section of the Washington Administrative Code is repealed effective 8:00 a.m. January 12, 2006:


WAC 220-52-04600H Coastal crab seasons. (Order 05-289)