WSR 09-03-042

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 09-06 -- Filed January 12, 2009, 4:13 p.m. , effective January 12, 2009, 4:13 p.m. ]


     Effective Date of Rule: Immediately.

     Purpose: Amend commercial fishing rules.

     Citation of Existing Rules Affected by this Order: Repealing WAC 220-52-04600Z [and 220-52-04000D]; and amending WAC 220-52-046 [and 220-52-040].

     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. 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 0, Repealed 2.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: January 12, 2009.

Phil Anderson

Director


NEW SECTION
WAC 220-52-04000E   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, 2009, 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, 2008 to December 25, 2008 are only valid for the area south of 46°28.00.

(b) The vessel inspection certificate numbers are recorded on all shellfish tickets completed for coastal Dungeness crab landings through January 31, 2009.

     (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 between Klipsan Beach (46°28.00) and the U.S. Canada Border. 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 through 12:00 AM January 15, 2009, it is unlawful for persons participating in the commercial Dungeness crab fishery in the Columbia River, Willapa Bay, or coastal fishery south of Klipsan Beach, Washington (46°28.00) 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 than 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.

     (4) Notwithstanding the provisions of WAC 220-52-040, effective immediately until further notice, it is unlawful to possess or deliver Dungeness crab unless the following conditions are met:

     (a) Vessels that participated in the coastal Dungeness crab fishery from Klipsan Beach (46°28.00 North Latitude) to Point Arena, CA, including Willapa Bay and the Columbia River, may possess crab for delivery into Washington ports south of 47°00.00 N. Lat. provided the crab were taken south of Klipsan (46°28.00 N. Lat.).

     (b) The vessel does not enter the area north of 47°00.00 N. Lat. unless the operator of the vessel has contacted the Washington Department of Fish and Wildlife and provides a vessel hold inspection if requested by Fish and Wildlife officers prior to entering this area. Prior to entering the area north of 47°00.00 N. Lat., the vessel operator calls 360-581-3337, and reports the vessel name, operator name, estimated amount of crab to be delivered in pounds, and the estimated date, time and location of delivery 24 hours prior to entering the area.

[]


NEW SECTION
WAC 220-52-04600C   Coastal crab seasons.   Notwithstanding the provisions of WAC 220-52-046, 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 for in this section.

     (1) The area from Klipsan Beach (46°28.00) to the WA/OR border (46°15.00) and Willapa Bay.

     (2) For the purposes of this order, the waters of Willapa Bay are defined to 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.

     (3) Vessels 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 area between Klipsan Beach (46°28.00) and Oysterville (46°33.00) until 8:00 AM January 22, 2009.
• Fishing in the area between Oysterville (46°33.00) and Destruction Island (47°40.50') until 8:00 AM February 16, 2009.
• Fishing in the area from Destruction Island (47°40.50') to the U.S. Canada border until 8:00 AM February 1, 2009.
     (4) Crab gear may be set in the area between Klipsan Beach (46°28.00) and the U.S. Canadian border including Grays harbor beginning at 8:00 a.m., January 12, 2009.

     (5) It is lawful to pull crab gear in the area between Klipsan Beach and the U.S. Canadian border and Grays Harbor beginning at 12:00 A.M., January 15, 2009.

     (6) 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:


Northeast Corner

(Raft River):

 47°28.00 N. Lat. 124°20.70 W. Lon.
Northwest Corner: 47°28.00 N. Lat. 124°34.00 W. Lon.
Southwest Corner: 47°08.00 N. Lat. 124°24.75 W. Lon.
Southeast Corner

(Copalis River):

 47°08.00 N. Lat. 124°11.20 W. Lon.

     (7) The Quileute Special Management area (SMA) is closed to fishing 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:

• Northeast Corner; Cape Johnson 47°58.00' N. Lat. - 124°40.40' W. Lon.
• Northwest Corner; 47°58.00' N. Lat. - 124°49.00' W. Lon.
• Southwest Corner; 47°40.50' N. Lat. - 124°40.00' W. Lon.
• Southeast Corner; Destruction Island; 47°40.50' N. Lat - 124°24.43' W. Lon.
     (8) The Makah Special Management Area (SMA) is closed to fishing until further notice. The SMA is includes the wasters between 48°02.15 N. Lat. and 48°19.50 N. Lat. east of a line connecting those points approximating the 25-fathom line according to the following coordinates:

• Northeast Corner; Tatoosh Island
• Northwest Corner; 48°19.50 N. Lat. - 124°50.45 W. Lon.
• Southwest Corner: 48°02.15 N. Lat. - 124°50.45 W. Lon.
• Southeast Corner; 48°02.15 N. Lat. - 124°41.00 W. Lon.
     (9) It is unlawful to fish for or possess Dungeness crabs or to set crab gear in waters of the Pacific Ocean adjacent to the states of Oregon or California without the licenses or permits required to commercially fish for Dungeness crab within the state waters of Oregon or California. Washington coastal Dungeness crab permits are valid only in Washington state waters, the Columbia River, Willapa Bay, Grays Harbor and the Pacific Ocean in federal waters north of the Washington/Oregon border (46°15.00 N. Latitude), extending 200 nautical miles westward.

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

[]

     Reviser's note: The typographical errors in the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.
REPEALER

     The following sections of the Washington Administrative Code are repealed:
WAC 220-52-04000D Commercial crab fishery. Lawful and unlawful gear, methods and other unlawful acts. (08-298)
WAC 220-52-04600Z Coastal crab seasons. (08-298)

© Washington State Code Reviser's Office