WSR 10-03-020

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 10-07 -- Filed January 8, 2010, 10:53 a.m. , effective January 8, 2010, 10:53 a.m. ]


     Effective Date of Rule: Immediately.

     Purpose: Commercial fishing rules.

     Citation of Existing Rules Affected by this Order: Repealing WAC 220-52-04000N and 220-52-04600M; 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 0, Repealed 2.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: January 8, 2010.

Philip Anderson

Director


NEW SECTION
WAC 220-52-04000P   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 46º28.00.

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

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NEW SECTION
WAC 220-52-04600P   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: 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 46º44.76 N, 124º05.76 W and 46º38.93 N, 124º04.33 W.

     (3) Vessels that participate in the coastal commercial Dungeness crab fishery in the waters from Point Arena, California, to Klipsan Beach, Washington (46º28.00), including Willapa Bay, before the area north of Klipsan Beach (46º28.00) opens, are prohibited from:

     a. Fishing in the area between Klipsan Beach (46º28.00) and Oysterville (46º33.00) until 8:00 A.M., January 12, 2010.

     b. Fishing in the area between Oysterville (46º33.00) and Destruction Island (47º40.50') until 8:00 A.M., February 6, 2010.

     c. Fishing in the area from Destruction Island (47º40.50) to the U.S./Canada border until 8:00 A.M., February 6, 2010.

     (4) It is permissible to pull crab gear in the area between Klipsan Beach and Destruction Island and Grays Harbor.

     (5) It is permissible to pull crab gear in the area between Destruction Island and the U.S./Canada Border beginning at 12:01 A.M. January 15, 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 (47º28.00) and Copalis River (47º08.00) according to the following coordinates:


Northeast Corner (Raft River): 47º28.00 N. Lat. 124º20.70 W. Lon.
Northwest Corner: 47º28.00 N. Lat. 124º34.00 W. Lon.
Southwest Corner: 47º08.00 N. Lat. 124º25.50 W. Lon.
Southeast Corner (Copalis River): 47º08.00 N. Lat. 124º11.20 W. Lon.

     (7) 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) 47º58.00' N. Lat. 124º40.40' W. Lon.
• Northwest Corner: 47º58.00' N. Lat. 124º49.00' W. Lon.
• Southwest Corner: 47º40.50' N. Lat. 124º40.00' W. Lon.
• Southeast Corner (Destruction Island): 47º40.50' N. Lat. 124º24.43' W. Lon.

     (8) The Makah special management area (SMA) is closed to fishing until further notice. The SMA is includes the waters between 48º02.15 N. Lat. and 48º19.50 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: 48º19.50 N. Lat. 124º50.45 W. Lon.
• Southwest Corner: 48º02.15 N. Lat. 124º50.45 W. Lon.
• Southeast Corner: 48º02.15 N. Lat. 124º41.00 W. Lon.

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

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     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 220-52-04000N Commercial crab fishery. Lawful and unlawful gear, methods and other unlawful acts. (09-277)
WAC 220-52-04600M Coastal crab seasons (09-277)

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