WSR 98-14-064
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 98-114--Filed June 29, 1998, 3:12 p.m., effective July 1, 1998, 12:01 a.m.]
Date of Adoption: June 29, 1998.
Purpose: Commercial fishing regulations.
Citation of Existing Rules Affected by this Order: Repealing WAC 220-52-04600D and 220-52-04600E; and amending WAC 220-52-046.
Statutory Authority for Adoption: RCW 75.08.080.
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: Recently-analyzed shipboard data collected in late April show an unusually high number of sublegal crab in a premolt condition, indicating the potential for an early recruit molt. Historical data show that fishing during the crab molt damages the resource because softshell crab are discarded at sea, and many discarded softshell crabs do not survive. A fishing closure is needed to minimize damage to the resource. In addition, a deep water closure will minimize the risk to fishers and processors of being cited for possessing crabs that do not meet the legal standard. There is insufficient time to promulgate 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, amended 0, repealed 2.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.
Effective Date of Rule: July 1, 1998, 12:01 a.m.
June 29, 1998
Larry Peck
for Bern Shanks
Director
NEW SECTION
WAC 220-52-04600E Crab fishery--Seasons, areas and gear restrictions. Notwithstanding the provisions of WAC 220-52-046, effective 12:01 a.m. July 1, 1998 until further notice, it is unlawful for non-Indian commercial fishers to place gear, fish for or take Dungeness crab for commercial purposes in the following area during the period indicated:
(1) The following area is closed through September 15, 1998.
Those waters west of straight lines drawn in sequence from south to north between the following coordinates:
| Land description | Coordinate | |
| 1) Washington -Oregon border | 4615.00' N | 12410.00' W |
| 2) Seaview | 4620.00' N | 12410.00' W |
| 3) Willapa Bay entrance | 4640.00' N | 12410.00' W |
| 4) N. Willapa Bay spits | 4643.50' N | 12411.50' W |
| 5) Grayland | 4650.00' N | 12412.30' W |
| 6) Grays Harbor | 4654.70' N | 12416.00' W |
| 7) Ocean Shores | 4700.00' N | 12416.00' W |
| 8) Moclips | 4715.00' N | 12419.00' W |
| 9) Cape Elizabeth | 4720.00' N | 12425.00' W |
| 10) Raft River | 4727.00' N | 12428.60' W
(follow TD
41880 to
waypoint
# 11 N. Destruction Island) |
| 11) N. Destruction Island | 4742.40' N | 12431.50' W |
| 12) Lapush | 4755.00' N | 12446.00' W |
| 13) Carol Island | 4800.00' N | 12449.50' W |
| 14) N. Lake Ozette | 4807.60' N | 12451.40' W |
| 15) Makah Bay | 4820.00' N | 12450.00' W |
| 16) Cape Flattery | Point on land | |
[]
REPEALER
The following section of the Washington Administrative Code is repealed:
WAC 220-52-04600D Crab fishery--Seasons, areas and gear restrictions. (98-110)
The following section of the Washington Administrative Code is repealed effective 11:59 p.m. September 15, 1998:
WAC 220-52-04600E Crab fishery--Seasons, areas and gear restrictions.