WSR 11-02-047

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 10-325 -- Filed December 30, 2010, 4:34 p.m. , effective December 30, 2010, 4:34 p.m. ]


Effective Date of Rule: Immediately.

Purpose: Amend commercial fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-52-04600A; 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: Prohibits Dungeness crab license holders and vessels/vessel operators designated on the licenses that participated in the coastal commercial Dungeness crab fishery in the waters from Point Arena, California, to Klipsan Beach, Washington, including Willapa Bay, before the area north of Klipsan Beach opens, from fishing in the area between Klipsan Beach and Oysterville until ten days have elapsed from the time that the area north of Klipsan Beach opens; and from fishing in the area between Oysterville and the United States/Canadian border until thirty-five days have elapsed from the time that the area north of Oysterville opens. There is insufficient time to adopt a permanent rule.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: December 30, 2010.

Lori Preuss

for Philip Anderson

Director


NEW SECTION
WAC 220-52-04600D   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) Open area: 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) Crab gear may be set beginning at 8:00 a.m., November 28, 2010.

(4) It is permissible to pull crab gear beginning at 12:01 a.m., December 1, 2010.

(5) Dungeness crab license holders, or any vessel or vessel operator designated on the license that participated in the coastal commercial Dungeness crab fishery in the waters from Point Arena, California, to Klipsan Beach, Washington (4628.00), including Willapa Bay, before the area north of Klipsan Beach (4628.00) opens, are prohibited from:

a. Fishing in the area between Klipsan Beach (4628.00) and Oysterville (4633.00) until 10 days have elapsed from the time that the area north of Klipsan Beach opens; and

b. Fishing in the area between Oysterville (4633.00) and the U.S. Canadian border until 35 days have elapsed from the time that the area north of Oysterville opens.

(6) 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 220-52-04600A Coastal crab seasons. 10-306

Washington State Code Reviser's Office