WSR 16-06-063 EMERGENCY RULES DEPARTMENT OF FISH AND WILDLIFE [Order 16-31—Filed February 25, 2016, 1:08 p.m., effective February 29, 2016, 8:00 a.m.] Effective Date of Rule: February 29, 2016, 8:00 a.m.
Purpose: Amend Puget Sound commercial crab fishing rules.
Citation of Existing Rules Affected by this Order: Repealing WAC 220-52-04500N; and amending WAC 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 contained herein. The special management areas are listed in accordance with state/tribal management agreements. Because the specific timing of the reduction in the size in the Quinault Special Management Area was dependent on the outcome of inseason state and tribal discussions 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: February 25, 2016.
J. W. Unsworth
Director
NEW SECTION
WAC 220-52-04500P 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 and the U.S./Canada border to the WA/OR border (46°15.00) 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) The Quinault Secondary Special Management Area (SSMA) is closed to fishing for Dungeness crab starting at 8:00 A.M., February 29, 2016, from the area shoreward of a line approximating the 27-fathom depth curve between the mouth of the Copalis River (47º08.00) and Split Rock (47º24.50). This area will be closed until further notice. This SSMA is described by the following coordinates:
(5) It is unlawful for a vessel to use more than 200 pots in the area between Split Rock (47º24.50) and Raft River (47º28.00) shoreward of a line approximating the 27-fathom depth curve from 8:00 a.m. February 29, 2016, until 8:00 a.m. March 31, 2016. 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) 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:
(7) The Makah special management area (SMA) is open to fishing. 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:
(8) It is unlawful for a vessel to use more than 200 pots in the Makah SMA until 8:00 A.M. March 17, 2016. 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.
(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. 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 section of the Washington Administrative Code is repealed 8:00 a.m. February 29, 2016:
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