WSR 10-15-049

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 10-177 -- Filed July 14, 2010, 10:02 a.m. , effective July 14, 2010, 10:02 a.m. ]


Effective Date of Rule: Immediately.

Purpose: Amend commercial fishing rules.

Citation of Existing Rules Affected by this Order: 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: This rule is necessary to avoid harvest of soft-shelled Dungeness crab. The weekly landing limit and period is necessary to mitigate handling mortality from sorting soft-shelled crab and is in conformity with the coastal Dungeness crab summer fishery management plan. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: July 14, 2010.

Lori Preuss

for Philip Anderson

Director


NEW SECTION
WAC 220-52-04000R   Coastal crab fishery -- Weekly trip limits.   Notwithstanding the provisions of WAC 220-52-040: effective immediately until further notice:

(1) It is unlawful for any person licensed to fish under a Dungeness crab--coastal fishery license to possess or land crab in excess of 2,500 pounds taken during each of the following coastal crab accounting periods:

July 18 through July 24, 2010;

July 25 through July 31, 2010;

August 1 through August 7, 2010;

August 8 through August 14, 2010;

August 15 through August 21, 2010;

August 22 through August 28, 2010;

August 29 through September 4, 2010;

September 5 through September 11, 2010;

September 12 through September 15, 2010.

(2) Any crab taken prior to July 18, 2010, and not landed before 11:59 p.m. July 17, 2010, become part of the July 18 through July 24, 2010, accounting period catch.

(3) It is unlawful for any person taking crab under subsection (1) of this section to fish for crab during any accounting period while having on board any crab taken in a different accounting period.

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NEW SECTION
WAC 220-52-04600W   Coastal crab fishery -- Seasons and areas.   Notwithstanding the provisions of WAC 220-52-046, effective immediately until further notice, it is unlawful for non-Indian commercial fisheries to fish for or possess crab for commercial purposes, or place gear, in the following areas during the periods indicated:

(1) It is unlawful to place gear, fish for, or possess Dungeness crab for commercial purposes in the following areas from 8:00 a.m. August 1, 2010, through September 15, 2010: Those waters west of straight lines drawn in sequence from south to north between the following coordinates:


Land description Coordinate
(a) Washington - Oregon border 4615.00'N 12410.00'W
(b) Seaview 4620.00'N 12410.00'W
(c) Willapa Bay entrance 4640.00'N 12410.00'W
(d) N. Willapa Bay Spits 4643.50'N 12411.50'W
(e) Grayland 4650.00'N 12412.30'W
(f) Grays Harbor 4654.70'N 12416.00'W
(g) Ocean Shores 4700.00'N 12416.00'W
(h) Moclips 4715.00'N 12419.00'W
(i) Cape Elizabeth 4720.00'N 12425.00'W
(j) Raft River 4727.00'N 12428.60'W

(follow TD 41880 to waypoint # 11 N. Destruction Island)

(k) N. Destruction Island 4742.40'N 12431.50'W
(l) Lapush 4755.00'N 12446.00'W
(m) Carol Island 4800.00'N 12449.50'W
(n) N. Lake Ozette 4807.60'N 12451.40'W
(o) Makah Bay 4820.00'N 12450.00'W
(p) Cape Flattery Point on land

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Washington State Code Reviser's Office