WSR 13-10-002

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 13-73 -- Filed April 17, 2013, 4:07 p.m. , effective April 17, 2013, 4:07 p.m. ]


     Effective Date of Rule: Immediately.

     Purpose: Amend commercial fishing rules.

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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 2.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: April 17, 2013.

Lori Preuss

for Philip Anderson

Director


NEW SECTION
WAC 220-52-04600N   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 Quinault Secondary Special Management Area (SSMA) is closed to fishing for Dungeness crab starting at 8:00 a.m., May 1, 2013, from the area shoreward of a line approximating the 27-fathom depth curve between the mouth of the Copalis River (47°08.00) and Split Rock (47°24.50). This area will be closed until further notice. This SSMA is described by the following coordinates:


• Northeast Corner

(Split Rock):

 47°24.50 N. Lat. 124°20.00 W. Lon.
• Northwest Corner: 47°24.50 N. Lat. 124°32.40 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) It is unlawful for a vessel to use more than 100 pots in the area between Split Rock (47°24.50) and Raft River (47°28.00) shoreward of a line approximating the 27-fathom depth curve from 8:00 a.m. May 1, 2013, until 8:00 a.m. May 31, 2013. 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.

     (6) The Quileute Special Management Area (SMA) will open to fishing for Dungeness crab at 8:00 a.m. on May 1, 2013. 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.

     (7) It is unlawful for a vessel to use more than 100 pots in the Quileute SMA from 8:00 a.m. May 1, 2013, until 8:00 a.m. May 31, 2013. 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.

     (8) 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.
REPEALER

     The following sections of the Washington Administrative Code are repealed:
WAC 220-52-04000Y Commercial crab fishery. Lawful and unlawful gear, methods and other unlawful acts. (13-34)
WAC 220-52-04600K Coastal crab seasons (13-34)