WSR 16-04-039 EMERGENCY RULES DEPARTMENT OF FISH AND WILDLIFE [Order 16-09—Filed January 26, 2016, 1:15 p.m., effective January 26, 2016, 1:15 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 220-52-04000I and 220-52-04500L; and amending WAC 220-52-040 and 220-52-045.
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: Provisions in state/tribal management agreements will be achieved by the opening dates listed in the emergency rule. The special management areas are listed in accordance with state/tribal management agreements. The temporary prohibition from fishing in areas previously delayed by vessels and licenses that started fishing outside the delayed area implements fair start provisions according to interstate cooperation in the coastwide season opening as set forth in the Tri-State Memorandum of Understanding Regarding the Management of the Pacific Coast Dungeness Crab Agreement. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 0, Repealed 2.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: January 26, 2016.
J. W. Unsworth
Director
NEW SECTION
WAC 220-52-04000L 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 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 10, 2016.
NEW SECTION
WAC 220-52-04500M Coastal crab seasons.
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 Destruction Island (47°40.50) to the WA/OR border (46°15.00) including, Gray Harbor and Willapa Bay is open.
(2) 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.
(3) 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 of the Pacific Ocean between Point Arena, California and the U.S. Canada border, are prohibited from fishing in any area where the season opening is delayed for the first 30 days following the opening of the delayed area if the vessel was employed in the coastal crab fishery during the previous 45 days.
(4) It is permissible to set crab gear in the area between Destruction Island (47°40.50) and the U.S./Canada border, beginning at 8:00 a.m. January 29, 2016.
(5) It is permissible to pull crab gear in the area between Destruction Island (47°40.50) and the U.S./Canada border, beginning at 9:00 a.m. February 1, 2016.
(6) 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:
(7) The Quileute special management area (SMA) is closed to fishing for Dungeness crab until further notice. 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:
(8) The Makah special management area (SMA) is closed to fishing until further notice. 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 line according to the following coordinates:
(9) All other provisions of the permanent rule remain in effect.
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. REPEALER
The following sections of the Washington Administrative Code are repealed:
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