Effective Date of Rule: Immediately.

     Purpose: Amend commercial fishing rules.

     Citation of Existing Rules Affected by this Order: Repealing WAC 220-52-04600A; and amending WAC 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: California Assembly Bill 2773 (effective January 1, 2007) limits the geographic area where a California coastal Dungeness crab license is valid to the state and federal waters adjacent to the coast of California. The Washington department of fish and wildlife agreed to adopt reciprocal regulations limiting the area that Washington coastal Dungeness crab licenses are valid to the state and federal waters adjacent to the coast of Washington. Similar reciprocal rules between Oregon and Washington were in place at the beginning of the 2005-2006 season. Special management area closures according to state-tribal management plans. Special management areas for tribal fishing are included as part of the crab management plan agreements. 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: February 8, 2007.

J. P. Koenings

Director

     (1) 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: 47°28.00 N Lat. - 124°20.70 W Lon.
•	Northwest Corner: 47°28.00 N Lat. - 124.33.00 W. Lon.
•	Southwest Corner: 47°08.00 N. Lat. - 124°23.50 W. Lon.
•	Southeast Corner: 47°08.00 N. Lat. - 124°11.20 W. Lon.

     (2) The Quileute special management area (SMA) is closed to fishing for Dungeness crab through 7:59 a.m. May 1, 2007. The Quileute SMA is described as the area from Cape Johnson to Destruction Island shoreward of a line approximating 30 fathoms according to the following points:

•	Northeast corner; Cape Johnson 47°58.00 N Lat. - 124°40.40 W Lon.
•	Northwest corner; 47°58.00 N Lat. - 124°49.00 W Lon.
•	Southwest corner; 47°40.50 N Lat. - 124°40.00 W Lon.
•	Southeast corner; 47°40.50 N Lat - 124°24.43 W Lon.

     (3) The Makah special management area (SMA) is closed to fishing for Dungeness crab from 12:01 a.m., February 13, 2007 through 7:59 a.m. April 14, 2007. The Makah SMA is described as the coastal waters between 48°02.15 N to 48°20.00 N east of a line connecting those points approximating the 25-fathom depth line according to the following coordinates:

•	Northeast corner; Tatoosh Island
•	Northwest corner; 48°20.00 N Lat. - 124°50.45 W Lon.
•	Southwest corner; 48°02.15 N Lat. - 124°50.45 W Lon.
•	Southeast corner; 48°02.15 N Lat. - 124°41.00 W Lon.

     (4) It is unlawful to fish for or possess Dungeness crabs or to set crab gear in waters of the Pacific Ocean adjacent to the states of Oregon or California without the licenses or permits required to commercially fish for Dungeness crab within the state waters of Oregon or California. Washington coastal Dungeness crab permits are valid only in Washington state waters, the Columbia River, Willapa Bay, Grays Harbor and the Pacific Ocean in federal waters north of the Washington/Oregon border (46°15.00 N. Latitude), extending 200 nautical miles westward.

     (5) All other provisions of the permanent rule remain in effect.

[]

     The following section of the Washington Administrative Code is repealed:

WAC 220-52-04600A

Coastal crab season. (07-16)

© Washington State Code Reviser's Office