WSR 20-07-085
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 20-47—Filed March 16, 2020, 3:07 p.m., effective March 18, 2020, 8:00 a.m.]
Effective Date of Rule: March 18, 2020, 8:00 a.m.
Purpose: Amends coastal commercial crab rules.
Citation of Rules Affected by this Order: Repealing WAC 220-340-42000Y and 220-340-45000R; 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 and a portion of the Quinault Special Management Area. Pot limits will reduce the crowding effect in these restricted areas 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 described 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 2, Amended 0, Repealed 2.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: March 16, 2020.
Kelly Susewind
Director
NEW SECTION
WAC 220-340-42000ZCommercial crab fishery—Unlawful acts.
Notwithstanding the provisions of WAC 220-340-420, effective 8:00 A.M., March 18, 2020 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:
(2) It is unlawful for a vessel to use more than 200 pots in the Makah SMA, effective immediately until 8:00 A.M. March 22, 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) 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, effective immediately until 8:00 a.m. April 17, 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. |
Unless otherwise amended 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.
NEW SECTION
WAC 220-340-45000SCommercial 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; effective 8:00 A.M., March 18, 2020 until further notice:
(1) Open area: The area from the US/Canada Border to the WA/OR border (46°15.00) and Grays Harbors and Willapa Bay: 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.
(2) 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 the mouth of the Copalis River (47º08.00) and Split Rock (47º24.50). This SSMA is described by the following coordinates:
(a) Northeast Corner (Split Rock): 47°24.50 N. Lat. 124°20.00 W. Lon.
(b) Northwest Corner: 47°24.50 N. Lat. 124°32.40 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.
(3) 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.
(4) The Makah special management area (SMA) is open to fishing fishing for Dungeness crab 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:
(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.
(5) Unless otherwise amended all other provisions of the permanent rule remain in effect.
Reviser's note: The typographical error 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 sections of the Washington Administrative Code are repealed effective 8:00 a.m. March 18, 2020:
WAC 220-340-42000Y | Commercial crab fishery—Unlawful acts. (20-28) |
WAC 220-340-45000R | Commercial crab fishery—Seasons and areas—Coastal. (20-28) |