WSR 22-03-017
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 22-04—Filed January 7, 2022, 4:18 p.m., effective January 7, 2022, 4:18 p.m.]
Effective Date of Rule: Immediately upon filing.
Purpose: The purpose of this emergency rule is to open coastal commercial crab harvest seasons north of Destruction Island.
Citation of Rules Affected by this Order: Repealing WAC 220-340-45000G; and amending WAC 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: Mandatory pick rate allowance for coastal crab will be achieved by the opening dates contained herein. The stepped opening periods/areas will also provide for fair start provisions. Provisions of state/tribal agreements have been met allowing opening north of Destruction Island.
Pot limits are in place to reduce crowding under WSR 22-02-024, filed December 28, 2021.
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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: January 7, 2022.
Kelly Susewind
Director
NEW SECTION
WAC 220-340-45000HCommercial 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 the area north of Klipsan Beach (46°28.00) opens, are prohibited from fishing in the following areas for the durations specified:
i. The waters between Klipsan Beach (46°28.00) and Oysterville (46°33.00) until 8:00 a.m. January 21, 2022; and
ii. The waters between Oysterville (46°33.00) and US/Canada Border until 8:00 a.m. February 15, 2022.
(2) Open area: The area from Klipsan Beach (46°28.00) to Destruction Island (47°40.50) and Grays Harbor.
(a) It is permissible to set crab gear beginning at 8:00 a.m., January 8, 2022.
(b) It is permissible to pull crab gear beginning at 9:00 a.m., January 11, 2022.
(3) Open area: The area from Destruction Island (47°40.50) to US/Canada Border.
(a) It is permissible to set crab gear beginning at 8:00 a.m., January 12, 2022.
(b) It is permissible to pull crab gear beginning at 9:00 a.m., January 15, 2022.
(4) 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 (47°28.00) 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.
(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:
(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.
(6) 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:
(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.
(7) Unless otherwise amended all other provisions of the permanent rule remain in effect.
REPEALER
The following section of the Washington Administrative Code is repealed:
WAC 220-340-45000G | Commercial crab fishery—Season and areas—Coastal. (21-281) |