WSR 06-24-010

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 06-293 -- Filed November 28, 2006, 1:26 p.m. , effective November 28, 2006 ]


Effective Date of Rule: Immediately.

Purpose: Amend commercial use fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-52-04000C and 220-52-04600T; and amending WAC 220-52-040 and 220-52-046.

Statutory Authority for Adoption: RCW 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: 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. Pot limits will reduce crowding effect in this restricted fishing area. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 0, Repealed 2.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: November 28, 2006.

J. P. Koenings

Director


NEW SECTION
WAC 220-52-04000D   Commercial crab fishery. Lawful and unlawful gear, methods and other unlawful acts.   (1) Notwithstanding the provisions of WAC 220-52-040, effective immediately until further notice 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, Washington coastal or adjacent waters of the Pacific Ocean through January 31, 2007 from any vessel unless:

(a) A valid Washington crab vessel inspection certificate has been issued to the delivering vessel. Vessel hold inspection certificates dated from November 30, 2006 to December 30, 2006 are only valid in Willapa Bay and the coastal waters south of 4633.00.

(b) The vessel inspection certificate numbers are recorded on all shellfish tickets completed for coastal Dungeness crab landings through January 31, 2007.

(2) Notwithstanding the provisions of WAC 220-52-040, it is lawful for a vessel not designated on a Dungeness crab coastal fishery license to transport or deploy up to 250 pots at any one time for deployment in the coastal crab fishery. The primary operator of the vessel associated with the pots being transported must be aboard the vessel while they are being deployed. All other provisions of the permanent rule remain in effect.

(3) Notwithstanding the provisions of WAC 220-52-040, effective immediately until further notice it is unlawful for person participating in the Columbia River, Coastal or Willapa Bay commercial Dungeness crab fishery to:

(a) deploy or operate more than 400 shellfish pots if the permanent number of shellfish pots assigned to the Coastal commercial crab fishery license held by that person is 500

(b) deploy or operate more that 250 shellfish pots if the permanent number of shellfish pots assigned to the Coastal Dungeness crab fishery license held by that person is 300

(c) fail to maintain onboard any participating vessel the excess crab pot buoy tags assigned to the Coastal Dungeness crab fishery license being fished.

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NEW SECTION
WAC 220-52-04600U   Coastal crab seasons.   Notwithstanding the provisions of WAC 220-52-046, effective immediately until further notice it is unlawful to commercially fish for Dungeness crab in Washington coastal waters of the Pacific Ocean, including Grays Harbor, Willapa Bay, and the Columbia River except as provided for in this section.

(1) The coastal waters from Klipsan Beach (4628.00) to the WA/OR border (4615.00), including the Columbia River and Willapa Bay are open to commercial fishing for Dungeness crab.

(2) Crab gear may be set beginning at 8:00 a.m., November 28, 2006.

(3) It is lawful to pull crab gear beginning at 12:01 a.m., December 1, 2006.

(4) Vessels that participate in the coastal commercial Dungeness crab fishery in the waters from Point Arena, California to Klipsan Beach, Washington (4628.00) including the Columbia River and Willapa Bay before the area north of Klipsan Beach (4628.00) opens are prohibited from:

(a) Fishing in the area between Klipsan Beach (4628.00) and Oysterville (4633.00) until 10-days have elapsed from the time that the area north of Klipsan Beach opens.

(b) Fishing in the area between Oysterville (4633.00) and the U.S. Canadian border until 30-days have elapsed from the time that the area north of Klipsan Beach opens.

(5) All other provisions of the permanent rule remain in effect.

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REPEALER

The following sections of the Washington Administrative Code are repealed effective immediately:


WAC 220-52-04000C Commercial crab fishery. Lawful and unlawful gear, methods and other unlawful acts. (06-292)
WAC 220-52-04600T Coastal crab seasons. (06-292)

Washington State Code Reviser's Office