WSR 12-08-003

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 12-42 -- Filed March 21, 2012, 1:35 p.m. , effective March 21, 2012, 1:35 p.m. ]


     Effective Date of Rule: Immediately.

     Purpose: Amend commercial fishing rules.

     Citation of Existing Rules Affected by this Order: Repealing WAC 220-52-04000L and 220-52-04600S; 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: Mandatory meat pick-out rate allowance for coastal crab will be achieved by the opening dates contained herein. The special management areas are listed in accordance with state/tribal management agreements. 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 2.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: March 21, 2012.

Philip Anderson

Director


NEW SECTION
WAC 220-52-04600V   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 (46°28.00) to the WA/OR border (46°15.00) 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 46°44.76 N, 124°05.76 W and 46°38.93 N, 124°04.33 W.

     (3) Klipsan Beach and the U.S./Canada Border, including Grays Harbor: Open.

     (4) The Quinalt 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 (46°28.00) and Copalis River (47°08.00) according to the following coordinates:


Northwest Corner

(Raft River):

 47°28.00 N. Lat. 124°20.70 W. Lon.
Northwest Corner: 47°28.00 N. Lat. 124°34.00 W. Lon.
Southwest Corner: 47°08.00 N. Lat. 124°25.50 W. Lon.
Southeast Corner

(Copalis River):

 47°08.00 N. Lat. 124°11.20 W. Lon.

     (5) The Quileute Special Management Area (SMA) will open to fishing for Dungeness crab at 8:00 a.m. on May 1, 2012. 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)

 47°58.00' N. Lat. 124°40.40' W. Lon.
• Northwest Corner: 47°58.00' N. Lat. 124°49.00' W. Lon.
• Southwest Corner: 47°40.50' N. Lat. 124°40.00' W. Lon.
• Southeast Corner

(Destruction Island):

 47°40.50' N. Lat. 124°24.43' W. Lon.

     (6) It is unlawful for a vessel to use more than 100 pots in the Quileuete SMA from 8:00 a.m. May 1, 2012, through 8:00 a.m. June 1, 2012. Fishers must pre-register with the Department of Fish and Wildlife 24 hours prior to deploying gear in this area by one of the three following methods:


• Fax transmission to Carol Henry at 360-249-1229;
• E-mail to Carol Henry at Carol.Henry@dfw.wa.gov; or
• Telephone call to Carol Henry at 360-249-1296.

     (7) The Makah Special Management Area (SMA) is opened immediately. The SMA includes the waters between 48°02.15 N. Lat. and 48°19.50 N. Lat. east of a line connecting those points and approximating the 25-fathom depth curve according to the following coordinates:


• Northeast Corner

(Tatoosh Island)
• Northwest Corner: 48°19.50 N. Lat. 124°50.45 W. Lon.
• Southwest Corner: 48°02.15 N. Lat. 124°50.45 W. Lon.
• Southeast Corner: 48°02.15 N. Lat. 124°41.00 W. Lon.

     (8) It is unlawful for a vessel to use more than 200 pots in the Makah SMA, effective immediately until 8:00 A.M. March 23, 2012. Fishers must pre-register with the Department of Fish and Wildlife 24 hours prior to deploying gear in this area by one of the three following methods:


• Fax transmission to Carol Henry at 360-249-1229;
• E-mail to Carol Henry at Carol.Henry@dfw.wa.gov; or
• Telephone call to Carol Henry at 360-249-1296.

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

[]

     Reviser's note: The unnecessary underscoring 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.

     Reviser's note: The spelling 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 220-52-04000L Commercial crab fishery. Lawful and unlawful gear, methods and other unlawful acts. (12-10)
WAC 220-52-04600S Coastal crab seasons (12-08)

© Washington State Code Reviser's Office