WSR 10-01-200

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 09-277 -- Filed December 23, 2009, 10:22 a.m. , effective December 23, 2009, 10:22 a.m. ]


Effective Date of Rule: Immediately.

Purpose: Commercial fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-42-05000L [220-52-04000L] and 220-52-04600K; and amending WAC 220-52-040 and 220-52-046.

Statutory Authority for Adoption: RCW 77.12.047, 77.04.020, and 77.70.430.

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: Mandatory meat pick-out rate allowance for coastal crab will be achieved by the opening dates contained herein. The stepped opening periods/areas will also provide for fair start provisions. There is insufficient time to adopt 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 0, Repealed 2.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 23, 2009.

Philip Anderson

Director


NEW SECTION
WAC 220-52-04000N   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, the Columbia River, or Washington coastal or adjacent waters of the Pacific Ocean through January 31, 2010, from any vessel unless:

(a) A valid Washington crab vessel inspection certificate has been issued to the delivering vessel. Vessel hold inspection certificates dated from November 30, 2009, to December 25, 2009 are only valid for the area south of 4628.00.

(b) The vessel inspection certificate numbers are recorded on all shellfish tickets completed for coastal Dungeness crab landings through January 31, 2010.

(2) Notwithstanding the provisions of WAC 220-52-040, it is permissible 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 between Klipsan Beach (4628.00) and Destruction Island (4740.50'). 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 through 12:01 a.m., January 2, 2010, it is unlawful for persons participating in the commercial Dungeness crab fishery in the Columbia River, Willapa Bay, or coastal fishery south of Klipsan Beach, Washington (4628.00) to:

(a) Deploy or operate more than 400 shellfish pots if the permanent number of shellfish pots assigned to the Coastal commercial crab fishery license held by that person is 500.

(b) Deploy or operate more than 250 shellfish pots if the permanent number of shellfish pots assigned to the Coastal Dungeness crab fishery license held by that person is 300.

(c) Fail to maintain onboard any participating vessel the excess crab pot buoy tags assigned to the Coastal Dungeness crab fishery license being fished.

(4) 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 participated in the coastal Dungeness crab fishery from Klipsan Beach (4628.00 North Latitude) to Point Arena, CA, including Willapa Bay and the Columbia River, may possess crab for delivery into Washington ports south of 4700.00 N. Lat. provided the crab were taken south of Klipsan (4628.00 N. Lat.).

(b) The vessel does not enter the area north of 4700.00 N. Lat. with crab caught south of Klipsan Beach (4628.00) unless the operator of the vessel has contacted the Washington Department of Fish and Wildlife and allows 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 must call 360-581-3337, and report 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.

(c) The vessel does not enter the area north of Cape Johnson (4758 N. Lat.) with crab caught south of Destruction Island (4740.50) 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 Cape Johnson (4758 N. Lat.), the vessel operator must call 360-581-3337, 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.

[]

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

(1) The area from Klipsan Beach (4628.00) to the WA/OR border (4615.00) and Willapa Bay.

(2) For the purposes of this order, the waters of Willapa Bay are defined to include the marine waters east of a line connecting 4644.76 N, 12405.76 W and 4638.93 N, 12404.33 W.

(3) Vessels that participate in the coastal commercial Dungeness crab fishery in the waters from Point Arena, California to Klipsan Beach, Washington (4628.00), including Willapa Bay, before the area north of Klipsan Beach (4628.00) opens, are prohibited from:

a. Fishing in the area between Klipsan Beach (4628.00) and Oysterville (4633.00) until 8:00 A.M., January 12, 2010.

b. Fishing in the area between Oysterville (4633.00) and Destruction Island (4740.50') until 8:00 A.M., February 6, 2010.

c. Fishing in the area from Destruction Island (4740.50) to the U.S./Canada border until 8:00 A.M., February 6, 2010.

(4) Crab gear may be set in the area between Klipsan Beach (4628.00) and Destruction Island, including Grays Harbor, beginning at 8:00 A.M. December 30, 2009.

(5) It is permissible to pull crab gear in the area between Klipsan Beach and Destruction Island and Grays Harbor beginning at 12:01 A.M. January 2, 2010.

(6) The Quinault primary special management area (PSMA) is closed to fishing for Dungeness crab until 8:00 A.M. March 1, 2010. The PSMA includes the area shoreward of a line approximating the 27-fathom depth curve between Raft River (4728.00) and Copalis River (4708.00) according to the following coordinates:


Northeast Corner (Raft River): 4728.00 N. Lat. 12420.70 W. Lon.
Northwest Corner: 4728.00 N. Lat. 12434.00 W. Lon.
Southwest Corner: 4708.00 N. Lat. 12425.50 W. Lon.
Southeast Corner (Copalis River): 4708.00 N. Lat. 12411.20 W. Lon.

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

[]

Reviser's note: The typographical 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 sections of the Washington Administrative Code are repealed:
WAC 220-52-04000L Commercial crab fishery. Lawful and unlawful gear, methods and other unlawful acts. (09-258)
WAC 220-52-04600K Coastal crab seasons (09-258)

Washington State Code Reviser's Office