WSR 07-01-108

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 06-309 -- Filed December 20, 2006, 8:51 a.m. , effective January 5, 2007, 8:00 a.m. ]


Effective Date of Rule: January 5, 2007, 8:00 a.m.

Purpose: Amend commercial use fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-52-04000F and 220-52-04600U; 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 coastal crab fishery opening north of Destruction Island is delayed. This rule provides for the economic well being of the industry. This meets the crab management plan agreement with tribal entities. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 0, Repealed 2.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: December 19, 2006.

J. P. Koenings

Director


NEW SECTION
WAC 220-52-04000G   Commercial crab fishery. Lawful and unlawful gear, methods and other unlawful acts.   (1) Notwithstanding the provisions of WAC 220-52-040, effective immediately until further notice it is unlawful for any fisher or wholesale dealer or buyer to land or purchase Dungeness crab taken from Grays Harbor, Willapa Bay, Columbia River, Washington coastal or adjacent waters of the Pacific Ocean through January 31, 2007 from any vessel unless:

(a) A valid Washington crab vessel inspection certificate has been issued to the delivering vessel. Vessel hold inspection certificates dated November 30, 2006 to December 30, 2006 are only valid in Willapa Bay and the coastal waters south of 4633.00.

(b) The vessel inspection certificate numbers are recorded on all shellfish tickets completed for coastal Dungeness crab landings through January 31, 2007.

(2) Notwithstanding the provisions of WAC 220-52-040, it is lawful for a vessel not designated on a Dungeness crab coastal fishery license to transport or deploy up to 250 pots at any one time for deployment in the coastal crab fishery through January 10, 2007 at 12:01 a.m. The primary operator of the vessel associated with the pots being transported must be aboard the vessel while they are being deployed. All other provisions of the permanent rule remain in effect.

(3) Notwithstanding the provisions of WAC 220-52-040, effective immediately until further notice, it is unlawful to possess or deliver Dungeness crab unless the following conditions are met:

(a) Vessels that participate in the coastal Dungeness crab fishery from Destruction Island to the WA/OR border may possess crab for delivery into Washington ports south of 4758.00 N. Lat. provided the crab were taken south of Destruction Island.

(b) The vessel does not enter the area south of 4758.00 N. Lat. unless the operator of the vessel has contacted the Washington Department of Fish and Wildlife and provides a vessel hold inspection if requested by Fish and Wildlife officers prior to entering this area. Prior to entering the area north of 4700.00 N. Lat., the vessel operator calls 360-249-4628 extension 253 and reports the vessel name, operator name, estimated amount of crab to be delivered in pounds, and the estimated date, time and location of delivery 24 hours prior to entering the area.

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[NEW SECTION]WAC 220-52-04600V   Coastal crab season.   Notwithstanding the provisions of WAC 220-52-046, effective immediately until further notice it is unlawful to commercially fish for Dungeness crab in Washington coastal waters of the Pacific Ocean, including Grays Harbor, Willapa Bay, and the Columbia River except as provided for in this section.

(1) The coastal waters from Destruction Island (4740.50) to the WA/OR border (4615.00), including the Columbia River, Willapa Bay, and Grays Harbor are open to fishing for Dungeness crab.

(2) The Quinault primary special management area (QIN SMA) is closed to fishing for Dungeness crab: The QIN SMA includes the coastal waters shoreward of a line approximating the 25-fathom depth curve from Raft River to Copalis River as described by the following coordinates

Northeast Corner: 4728.00 N Lat. - 12420.70 W Lon.
Northwest Corner: 4728.00 N Lat. - 124.33.00 W. Lon.
Southwest Corner: 4708.00 N. Lat. - 12423.50 W. Lon.
Southeast Corner: 4708.00 N. Lat. - 12411.20 W. Lon.
(3) Crab gear may be set in the open area from Destruction Island (4740.50) to Klipsan Beach (4628.00) beginning at 8:00 a.m., January 5, 2007 and pulled no sooner than 12:01 a.m., January 8, 2007.

(4) Vessels that have deployed gear in the coastal commercial Dungeness crab fishery in the waters from Point Arena, California to Klipasn Beach, Washington (4628.00) including the Columbia River and Willapa Bay prior to 8:00 a.m., January 5, 2007 are prohibited from:

Fishing in the area between Klipsan Beach (4628.00) and Oysterville (4633.00) until 8:00 a.m. January 15, 2007.
Fishing in the area between Oysterville (4633.00) and the U.S. Canadian border until 8:00 a.m. February 4, 2007.
(5) All other provisions of the permanent rule remain in effect.

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Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.

Reviser's note: The spelling error 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 5, 2007:


WAC 220-52-04000F Commercial crab fishery. Lawful and unlawful gear, methods and other unlawful acts. (06-304)

REPEALER

The following section of the Washington Administrative Code is repealed effective 8:00 a.m., January 5, 2007:


WAC 220-52-04600U Coastal crab seasons. (06-293)

Washington State Code Reviser's Office