WSR 09-10-052

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 09-66 -- Filed May 1, 2009, 1:39 p.m. , effective May 1, 2009, 1:39 p.m. ]


Effective Date of Rule: Immediately.

Purpose: Amend commercial fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-52-04600E; 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: Mandatory pick 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: May 1, 2009.

Philip Anderson

Director


NEW SECTION
WAC 220-52-04600G   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) It is lawful to pull crab gear in the area between Klipsan Beach and the U.S. Canadian border and Grays Harbor effective immediately.

(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 (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. 12424.75 W. Lon.
Southeast Corner

(Copalis River):

4708.00 N. Lat. 12411.20 W. Lon.

(5) The Quileute Special Management area (SMA) is closed to fishing until 8:00 a.m. May 1, 2009. It is unlawful for a vessel to deploy more than 100 pots in the Quileute SMA beginning at 8:00 a.m. May 1, 2009 until 8:00 a.m. June 1, 2009. Fishers must pre-register with the Department of Fish and Wildlife 24 hours prior to deploying gear in this area by one of the following three methods:

Fax transmission to Brandon Bryant at 360-664-0689;

Email to Brandon Bryant at: bryanblb@dfw.wa.gov or

Telephone call to: Brandon Bryant at 360-249-4628, ext. 229

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 4758.00' N. Lat. - 12440.40' W. Lon.

Northwest Corner; 4758.00' N. Lat. - 12449.00' W. Lon.

Southwest Corner; 4740.50' N. Lat. - 12440.00' W. Lon.

Southeast Corner; Destruction Island; 4740.50' N. Lat - 12424.43' W. Lon.

(6) 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 (4615.00 N. Latitude), extending 200 nautical miles westward.

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

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REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 220-52-04600E Coastal crab seasons. (09-21)

Washington State Code Reviser's Office