WSR 15-09-003 EMERGENCY RULES DEPARTMENT OF FISH AND WILDLIFE [Order 15-62—Filed April 1, 2015, 4:41 p.m., effective April 1, 2015, 4:41 p.m.] Effective Date of Rule: Immediately upon filing.
Purpose: Amend commercial fishing rules.
Citation of Existing Rules Affected by this Order: Repealing WAC 220-52-04500D and 220-52-04000W; and amending WAC 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 2.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 1, 2015.
J. W. Unsworth
Director
NEW SECTION
WAC 220-52-04500E 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 the WA/OR border (46°15.00) and the U.S./Canada Border, including Willapa Bay and Grays Harbor: 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) The Quinault Secondary Special Management Area (SSMA) is closed to fishing for Dungeness crab starting at 8:00 A.M., April 3, 2015, from the area shoreward of a line approximating the 27-fathom depth curve between Split Rock (47º24.50) and the mouth of the Copalis River (47º08.00). The legal SSMA is defined by the following coordinates:
(a) Northeast Corner (Split Rock): 47°24.50 N. Lat. 124°20.00 W. Lon.
(b) Northwest Corner: 47°24.50 N. Lat. 124°32.40 W. Lon.
(c) Southwest Corner: 47°08.00 N. Lat. 124°25.50 W. Lon.
(d) Southeast Corner (Copalis River): 47°08.00 N. Lat. 124°11.20 W. Lon.
(4) It is unlawful for a vessel to use more than 200 pots in the area between Raft River (47º28.00) and Split Rock (47º24.50) shoreward of a line approximating the 27-fathom depth curve from 8:00 a.m. April 3, 2015, until 8:00 a.m. May 3, 2015. The area in which the pot limit applies is legally defined by the following coordinates:
(a) Northeast Corner (Raft River): 47°28.00 N. Lat. 124°20.70 W. Lon.
(b) Northwest Corner: 47°28.00 N. Lat. 124°34.00 W. Lon.
(c) Southwest Corner: 47°24.50 N. Lat. 124°32.40 W. Lon.
(d) Southeast Corner (Split Rock): 47°24.50 N. Lat. 124°20.00 W. Lon.
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:
(5) The Quinault Secondary Special Management Area (SSMA) is modified and closed to fishing for Dungeness crab starting at 8:00 A.M., April 10, 2015, from the area shoreward of a line approximating the 27-fathom depth curve between Split Rock (47º24.50) and the mouth of the Joe Creek (47°12.11). This area is closed until further notice. The legal modified SSMA is defined by the following coordinates:
(a) Northeast Corner (Split Rock): 47°24.50 N. Lat. 124°20.00 W. Lon.
(b) Northwest Corner: 47°24.50 N. Lat. 124°32.40 W. Lon.
(c) Southwest Corner: 47°12.11 N. Lat. 124°27.33 W. Lon.
(d) Southeast Corner (Joe Creek): 47°12.11 N. Lat. 124°12.28 W. Lon.
(6) It is unlawful for a vessel to use more than 200 pots in the area between the mouth of Joe Creek (47°12.11) and the mouth of the Copalis River (47°08.00) shoreward of a line approximating the 27-fathom depth curve and from the area from 8:00 a.m. April 10, 2015, until 8:00 a.m. May 10, 2015. The area in which the pot limit applies is legally defined by the following coordinates:
(a) Northeast Corner (Joe Creek): 47°12.11 N. Lat. 124°12.28 W. Lon.
(b) Northwest Corner: 47°12.11 N. Lat. 124°27.33 W. Lon.
(c) Southwest Corner: 47°08.00 N. Lat. 124°25.50 W. Lon.
(d) Southeast Corner (Copalis River):47°08.00 N. Lat. 124°11.20 W. Lon.
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:
(7) 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:
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