WSR 13-05-043

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 13-34 -- Filed February 12, 2013, 4:33 p.m. , effective February 12, 2013, 4:33 p.m. ]


     Effective Date of Rule: Immediately.

     Purpose: Amend commercial fishing rules.

     Citation of Existing Rules Affected by this Order: Repealing WAC 220-52-0400W [220-52-04000W] and 220-52-04600H; and amending WAC 220-52-040 and 220-52-046.

     Statutory Authority for Adoption: RCW 77.12.047 and 77.04.020.

     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 special management areas are listed in accordance with state/tribal management agreements. 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 0, Repealed 2.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: February 12, 2013.

Joe Stohr

for Philip Anderson

Director


NEW SECTION
WAC 220-52-04000Y   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 February 28, 2013, from any vessel unless:

     (a) A valid Washington crab vessel inspection certificate has been issued to the delivering vessel.

     (b) Vessel hold inspection certificates dated from December 30, 2012 to January 22, 2013 are only valid for the area south of 46°28.00.

     (c) The vessel inspection certificate numbers are recorded on all shellfish tickets completed for coastal Dungeness crab landings through February 28, 2013.

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NEW SECTION
WAC 220-52-04600K   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 US Canada Border to the WA/OR border (46°15.00) and Willapa Bay: Open.

     (2) For the purposes of this order, the waters of Willapa Bay are defined to include the marine waters east of a line connecting 46°44.76 N, 124°05.76 W and 46°38.93 N, 124°04.33 W.

     (3) Dungeness crab license holders, or any vessel or vessel operator designated on the license that participated in the coastal commercial Dungeness crab fishery in the waters from Point Arena, California, to Klipsan Beach, Washington (46°28.00), including Willapa Bay, before 12:01 a.m. January 24, 2013, are prohibited from:

     a. Fishing in the area between Oysterville (46°33.00) and the U.S./Canada border until 8:00 A.M., February 28, 2013.

     (4) The Quinault primary special management area (PSMA) is closed to fishing for Dungeness crab until further notice. The PSMA includes the area shoreward of a line approximating the 27-fathom depth curve between Raft River (47°28.00) and Copalis River (47°08.00) according to the following coordinates:


Northeast Corner

(Raft River):

 47°28.00 N. Lat. 124°20.70 W. Lon.
Northwest Corner: 47°28.00 N. Lat. 124°34.00 W. Lon.
Southwest Corner: 47°08.00 N. Lat. 124°25.50 W. Lon.
Southeast Corner

(Copalis River):

 47°08.00 N. Lat. 124°11.20 W. Lon.

     (5) The Quileute special management area (SMA) is closed to fishing for Dungeness crab until further notice. The SMA includes the area shoreward of a line approximating the 30-fathom depth curve between Destruction Island and Cape Johnson 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

(Destruction Island):

 47°40.50' N. Lat. 124°24.43' W. Lon.

     (6) The Makah special management area (SMA) is closed to fishing until 8:00 A.M. February 23, 2013. The SMA includes the waters between 48°02.15 N. Lat. and 48°19.50 N. Lat. east of a line connecting those points and approximating the 25-fathom line according to the following coordinates:


• Northeast Corner: Tatoosh Island
• Northwest Corner: 48°19.50 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.

     (7) It is unlawful for a vessel to use more than 200 pots in the Makah SMA beginning 8:00 A.M. February 23, 2013, until 8:00 A.M. March 25, 2013. Fishers must pre-register with the Department of Fish and Wildlife 24 hours prior to deploying gear in this area by one of the three following methods:


• Fax transmission to Carol Henry at 360-249-1229;
• E-mail to Carol Henry at Carol.Henry@dfw.wa.gov; or
• Telephone call to Carol Henry at 360-249-1296.

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

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     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 sections of the Washington Administrative Code are repealed:
WAC 220-52-04000W Commercial crab fishery. Lawful and unlawful gear, methods and other unlawful acts. (13-14
WAC 220-52-04600H Coastal crab seasons (13-14)

     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.