WSR 15-01-138 EMERGENCY RULES DEPARTMENT OF
FISH AND WILDLIFE
[Order 14-347—Filed December 19, 2014, 4:21 p.m., effective December 19, 2014, 4:21 p.m.] Effective Date of Rule: Immediately upon filing.
Purpose: Amend commercial fishing rules.
Citation of Existing Rules Affected by this Order: Repealing WAC 220-52-04000R and 220-52-04500A; and amending WAC 220-52-040 and 220-52-045.
Statutory Authority for Adoption: RCW 77.04.012, 77.04.020, and 77.12.047.
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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 0, Repealed 2.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: December 19, 2014.
Philip Anderson
Director
NEW SECTION
WAC 220-52-04000U 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 February 7, 2015, from any vessel unless:
(a) A valid Washington crab vessel inspection certificate has been issued to the delivering vessel; and
(b) The vessel inspection certificate numbers are recorded on all shellfish tickets completed for coastal Dungeness crab landings through February 7, 2015.
(c) Vessel hold inspection certificates dated from November 28, 2014 to January 1, 2015 are only valid for the area south of 46°28.00.
(2) Notwithstanding the provisions of WAC 220-52-040, it is unlawful for a vessel not designated on a Dungeness crab coastal fishery license to transport or deploy more than 250 pots at any one time for deployment in the coastal crab fishery between Klipsan Beach (46°28.00) and Destruction Island (47°40.50).
(a) The primary or alternate operator of the crab pot gear named on the license associated with the gear must be on board the vessel when the gear is being deployed.
(b) Such a vessel may deploy crab pot gear only during the 64-hour period immediately preceding the season opening date and during the 48-hour period immediately following the season opening date.
(c) All other provisions of the permanent rule remain in effect.
NEW SECTION
WAC 220-52-04500B 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 is open.
(2) Temporary Pot limits in place in the area between Klipsan Beach (46°28.00) to the WA/OR border (46°15.00) and Willapa Bay are lifted and fishers may use their entire permanent pot limit starting at 8:00 am on December 31, 2014.
(3) For the purposes of this section, 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.
(4) Licenses and vessels designated to those licenses that participate (as defined by WAC 220-52-036) in the coastal commercial Dungeness crab fishery in the waters from Point Arena, California, to Klipsan Beach, Washington, (46°28.00), including Willapa Bay, before January 3, 2015, are prohibited from:
a. Fishing in the area between Klipsan Beach (46°28.00) and Oysterville (46°33.00) until 8:00 A.M., January 13, 2015.
b. Fishing in the area between Oysterville (46°33.00) and the U.S./Canada border until 8:00 A.M., February 7, 2015.
(5) Crab gear may be set in the area between Klipsan Beach (46°28.00) and Destruction Island (47°40.50), including Grays Harbor, beginning at 8:00 a.m. December 31, 2014.
(6) It is permissible to pull crab gear in the area between Klipsan Beach and Destruction Island (47°40.50), including Grays Harbor, beginning at 12:01 a.m. January 3, 2015.
(7) The Quinault 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 (47º28.00) and Copalis River (47°08.00) according to the following coordinates:
REPEALER
The following sections of the Washington Administrative Code are repealed:
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