WSR 18-07-036
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 18-34—Filed March 13, 2018, 11:57 a.m., effective March 22, 2018, 8:00 a.m.]
Effective Date of Rule: March 22, 2018, 8:00 a.m.
Purpose: Amends coastal commercial crab rules.
Citation of Rules Affected by this Order: Repealing WAC 220-340-45000D; and amending WAC 220-340-450.
Statutory Authority for Adoption: RCW 77.04.012, 77.04.020, 77.12.045, 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: 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. The modified boundaries of the special management areas are listed in accordance with state tribal in-season agreements. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: March 13, 2018.
Joe Stohr
Acting Director
NEW SECTION
WAC 220-340-45000E Commercial crab fishery—Seasons and areas—Coastal.
Notwithstanding the provisions of WAC 220-340-450, 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 (46º15.00) 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) The Quinault Secondary Special Management Area (SSMA) is closed to fishing for Dungeness crab starting at 8:00 A.M., March 22, 2018, 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:
•
Northeast Corner
(Split Rock):
47°24.50 N. Lat.
124°20.00 W. Lon.
•
Northwest Corner:
47°24.50 N. Lat.
124°32.40 W. Lon.
•
Southwest Corner:
47°08.00 N. Lat.
124°25.50 W. Lon.
•
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 Split Rock (47º24.50) and Raft River (47º28.00) shoreward of a line approximating the 27-fathom depth curve from 8:00 a.m. March 22, 2018, until 8:00 a.m. April 22, 2018. 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.
(5) 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:
•
Northeast Corner
(Cape Johnson):
47°58.00 N. Lat.
124°40.40 W. Lon.
•
Northwest Corner:
47°58.00 N. Lat.
124°49.00 W. Lon.
•
Southwest Corner:
47°40.50 N. Lat.
124°40.00 W. Lon.
•
Southeast Corner
(Destruction Island):
47°40.50 N. Lat.
124°24.43 W. Lon.
(6) 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:
•
Northeast Corner:
Tatoosh Island
 
•
Northwest Corner:
48°19.50 N. Lat.
124°50.45 W. Lon.
•
Southwest Corner:
48°02.15 N. Lat.
124°50.45 W. Lon.
•
Southeast Corner:
48°02.15 N. Lat.
124°41.00 W. Lon.
(7) It is unlawful for a vessel to use more than 200 pots in the Makah SMA until 8:00 A.M. March 28, 2018. 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.
(8) 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 section of the Washington Administrative Code is repealed effective 8:00 a.m. March 22, 2018:
WAC 220-340-45000D
Coastal crab seasons (18-24)