EMERGENCY RULES
FISH AND WILDLIFE
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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 0, Repealed 2.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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
(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 46°33.00.
(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 47°58.00 N. Lat. provided the crab were taken south of Destruction Island.
(b) The vessel does not enter the area south of 47°58.00 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 47°00.00 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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(1) The coastal waters from Destruction Island (47°40.50) to the WA/OR border (46°15.00), 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: 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. |
(4) Vessels that have deployed gear in the coastal commercial Dungeness crab fishery in the waters from Point Arena, California to Klipasn Beach, Washington (46°28.00) 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 (46°28.00) and Oysterville (46°33.00) until 8:00 a.m. January 15, 2007. |
| • | Fishing in the area between Oysterville (46°33.00) and the U.S. Canadian border until 8:00 a.m. February 4, 2007. |
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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) |
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) |