WSR 09-12-108

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 09-105 -- Filed June 2, 2009, 1:07 p.m. , effective June 2, 2009, 1:07 p.m. ]


     Effective Date of Rule: Immediately.

     Purpose: Amend commercial fishing rules.

     Citation of Existing Rules Affected by this Order: Repealing WAC 220-52-04600G; and amending WAC 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: Special management area openings are in line with management measures provided for in state-tribal management plans for the 2008-09 season. 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: June 2, 2009.

Philip Anderson

Director


NEW SECTION
WAC 220-52-04600H   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 (46º28.00) to the WA/OR border (46º15.00) 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 46º44.76 N, 124º05.76 W and 46º38.93 N, 124º04.33 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) A Quinault special management area (QIN SSMA) is closed to fishing for Dungeness crab until further notice: The QIN SSMA includes the coastal waters shoreward of a line approximating the 27-fathom depth curve from Copalis River to Point Grenville as described by the following coordinates:


• Northeast Corner: 47º18.35 N Lat. - 124º16.00 W Lon.
• Northwest Corner: 47º18.35 N Lat. - 124.29.55 W. Lon.
• Southwest Corner: 47º08.00 N. Lat. - 124º24.75 W. Lon.
• Southeast Corner: 47º08.00 N. Lat. - 124º11.20 W. Lon.

     (5) A Quinault special management area (QIN SSMA) is closed to fishing for Dungeness crab until further notice: The QIN SSMA includes the coastal waters shoreward of a line approximating the 27-fathom depth curve from Point Grenville to Split Rock as described by the following coordinates:


• Northeast corner: 47º24.50 N Lat. - 124º20.00 W Lon.
• Northwest corner: 47º24.50 N Lat. - 124º32.40 W Lon.
• Southwest corner: 47º18.35 N Lat. - 124º29.55 W Lon.
• Southeast corner: 47º18.35 N Lat. - 124º16.00 W Lon.

     (6) It is unlawful for a vessel to deploy more than 100 pots in the area from Split Rock (47º24.50) to Raft River (47º28.00) shoreward of a line approximating the 27-fathom depth curve as described below, beginning at 8:00 a.m. June 6, 2009 until further notice.


• Northeast corner: 47º28.00 N Lat. - 124º20.70 W Lon.
• Northwest corner: 47º28.00 N Lat. - 124º34.00 W Lon.
• Southwest corner: 47º24.50 N Lat. - 124º32.40 W Lon
• Southeast corner: 47º24.50 N Lat. - 124º20.00 W Lon..

     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: Brandon.Bryant@dfw.wa.gov or
• Telephone call to Brandon Bryant at 360-249-4628, ext. 229.

     (7)     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 (46º15.00 N. Latitude), extending 200 nautical miles westward.

     (8) 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 section of the Washington Administrative Code is repealed:
WAC 220-52-04600G Coastal crab seasons. (09-66)

© Washington State Code Reviser's Office