WSR 20-05-052
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 20-28—Filed February 13, 2020, 4:29 p.m., effective February 21, 2020, 8:00 a.m.]
Effective Date of Rule: February 21, 2020, 8:00 a.m.
Purpose: Amends coastal commercial crab rules.
Citation of Rules Affected by this Order: Repealing WAC 220-340-42000Q and 220-340-45000X; and amending WAC 220-340-420 and 220-340-450.
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: This rule is needed to open the commercial crab fishery in the Makah Special Management Area. The stepped opening periods/areas will also provide for fair start provisions. Pot limits will reduce the crowding effect in this restricted area and language improves enforcement of pot limits. 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. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 2, Amended 0, Repealed 2.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: February 13, 2020.
Amy H. Windrope
for Kelly Susewind
Director
NEW SECTION
WAC 220-340-42000YCommercial crab fishery—Unlawful acts.
Notwithstanding the provisions of WAC 220-340-420, effective immediately until further notice:
(1) It is unlawful for any fisher or wholesale dealer or buyer to land or purchase Dungeness crab taken from Grays Harbor, Willapa Bay, Columbia River, or Washington coastal or adjacent waters of the Pacific Ocean from any vessel, unless:
(a) The vessel inspection certificate numbers are recorded on all shellfish tickets completed for coastal Dungeness crab landings until February 29, 2020 and;
(b) A valid Washington crab vessel inspection certificate has been issued to the delivering vessel. Vessel-hold inspection certificates dated from December 30, 2019 through January 23, 2020, are only valid for the area south of 46°28.00 N. Lat.
(2) It is unlawful for a vessel to use more than 200 pots in the Makah SMA beginning 8:00 A.M. February 21, 2020, until 8:00 A.M. March 21, 2020. 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 Robert Morgan at 360-249-1229; |
| • | E-mail to Robert Morgan at Robert.Morgan@dfw.wa.gov; or |
| • | Telephone call to Robert Morgan at 360-249-1206. |
(3) Unless otherwise amended all other provisions of the permanent rule remain in effect.
NEW SECTION
WAC 220-340-45000RCommercial 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 in this section.
(1) Open area: The area from Klipsan Beach (46°28.00) to the WA/OR border (46°15.00) and Willapa Bay.
(a) For the purposes of this section, the waters of Willapa Bay 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.
(b) Licenses and vessels designated to those licenses that participate in the coastal commercial Dungeness crab fishery in the waters from Point Arena, California, to Klipsan Beach, Washington (46°28.00), including Willapa Bay, before 8:00 a.m. January 22, 2020, are prohibited from fishing in the waters between Oysterville (46°33.00) and the U.S./Canada border until 8:00 a.m. February 29, 2020.
(2) Open area: The area from Klipsan Beach (46°28.00) to the US/Canada Border and Grays Harbor.
(3) 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:
(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°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) 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:
(a) Northeast Corner (Cape Johnson): 47°58.00' N. Lat. 124°40.40' W. Lon.
(b) Northwest Corner: 47°58.00' N. Lat. 124°49.00' W. Lon.
(c) Southwest Corner: 47°40.50' N. Lat. 124°40.00' W. Lon.
(d) Southeast Corner (Destruction Island): 47°40.50' N. Lat. 124°24.43' W. Lon.
(5) Effective 8:00 a.m. February 21, 2020 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:
(a) Northeast Corner (Tatoosh Island)
(b) Northwest Corner: 48°19.50' N. Lat. 124°50.45' W. Lon.
(c) Southwest Corner: 48°02.15' N. Lat. 124°50.45' W. Lon.
(d) Southeast Corner: 48°02.15' N. Lat. 124°41.00' W. Lon.
(6) Unless otherwise amended all other provisions of the permanent rule remain in effect.
REPEALER
The following sections of the Washington Administrative Code are repealed effective 8:00 a.m. February 21, 2020:
WAC 220-340-42000X | Commercial crab fishery—Unlawful acts. (20-08) |
WAC 220-340-45000Q | Commercial crab fishery—Seasons and areas—Coastal. (20-08) |