WSR 15-14-009 EMERGENCY RULES DEPARTMENT OF FISH AND WILDLIFE [Order 15-182—Filed June 18, 2015, 1:16 p.m., effective June 18, 2015, 1:16 p.m.] Effective Date of Rule: Immediately upon filing.
Purpose: Amend coastal commercial crab fishing rules.
Citation of Existing Rules Affected by this Order: Repealing WAC 220-52-04500H; 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: Test results from the Washington department of health show that crab tested in the area between the Washington/Oregon border and Point Chehalis are not safe for human consumption. Levels of domoic acid, detected through routine testing have exceeded the federally established action level. The extension of the deadline for removing commercial crab gear from the closed area is to address ocean conditions and allow gear to be recovered safely and does not affect the closure date or compromise public health. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: June 18, 2015.
Joe Stohr
for J. W. Unsworth
Director
NEW SECTION
WAC 220-52-04500I Commercial crab fishery—Seasons and areas—Coastal.
Notwithstanding the provisions of WAC 220-52-045, 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 Point Chehalis (46°53.18), Washington to the U.S./Canada Border, including 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 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:
(4) Notwithstanding the provisions of WAC 220-52-045, effective immediately, it is unlawful to:
(a) Fish for Dungeness crab in the coastal waters of the Pacific Ocean between the Washington/Oregon border (46°15.00) and Point Chehalis (46°53.18), Washington;
(b) Fish for Dungeness crab in Willapa Bay and the Columbia River;
(c) Effective immediately it is unlawful to set, maintain, operate, or possess in those waters listed in subsections (4)(a) and (b) of this section, any baited or unbaited shellfish pots or ring nets for any reason; and
(d) Possess, transport or deliver Dungeness crab within the waters closed in this section unless the following conditions are met:
(i) Vessels that participate in the coastal Dungeness crab fishery from north of Point Chehalis (46°53.18) or south of the WA/OR border may possess crab for delivery into Washington ports south of Point Chehalis (46°53.18), provided the crab were taken north of Point Chehalis (46°53.18) or south of the WA/OR border.
(ii) Prior to entering Washington coastal waters of the Pacific Ocean between the WA/OR border (46°15.00) and Point Chehalis, Washington (46°53.18), including Willapa Bay and the Columbia River, the vessel operator must call 360-581-3337 and report the vessel name, operator name, estimated amount of crab to be delivered in pounds, and the estimated date, time, and location of delivery 24 hours prior to entering the area.
REPEALER
The following sections of the Washington Administrative Code are repealed:
Reviser's note: The typographical errors in the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040. | |||||||||||||||||||