WSR 10-05-066

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 10-30 -- Filed February 12, 2010, 11:19 a.m. , effective February 15, 2010, 8:00 a.m. ]


     Effective Date of Rule: February 15, 2010, 8:00 a.m.

     Purpose: Commercial fishing rules.

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

     Statutory Authority for Adoption: RCW 77.12.047, 77.04.020, and 77.70.430.

     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: Special management area openings are in line with management measures provided for in state-tribal harvest management plans for 2009-2010 season. 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 2.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

     Date Adopted: February 12, 2010.

Philip Anderson

Director


NEW SECTION
WAC 220-52-04600R   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: Open.

     (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) It is permissible to pull crab gear in the area between Klipsan Beach and Destruction Island and Grays Harbor.

     (4) It is permissible to pull crab gear in the area between Destruction Island and the U.S./Canada Border.

     (5) The Quinault primary special management area (PSMA) is closed to fishing for Dungeness crab until 8:00 A.M. March 1, 2010. 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°25.50 W. Lon.
Southeast Corner

(Copalis River):

 47°08.00 N. Lat. 124°11.20 W. Lon.
     (6) The Quinault Secondary Special Management Area (SSMA) is closed to fishing for Dungeness crab starting at 8:00 A.M., March 1, 2010 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 area will be closed until further noticed. This SSMA is described by the following coordinates:

• Northeast Corner

(Split Rock):

 47°24.50 N. Lat. 124°20.00 W. Lon.
• Northwest Corner: 47°24.50 N. Lat. 124°32.40 W. Lon.
• Southwest Corner: 47°08.00 N. Lat. 124°25.50 W. Lon.
• Southeast Corner

(Copalis River):

 47°08.00 N. Lat. 124°11.20 W. Lon.
     (7) It is unlawful for a vessel to use more than 200 pots in the area between Split Rock (47º24.50) to Raft River (47º28.00) shoreward of a line approximating the 27-fathom curve from 8:00 A.M. March 1, 2010 through 8:00 A.M. March 31, 2010. 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 Carol Henry at 360-249-1229;

     • Email to Carol Henry at: Carol.Henry@dfw.wa.gov or

     • Telephone call to: Carol Henry at 360-249-1296

     (8) 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:

• 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.
     (9) The Makah special management area (SMA) is closed to fishing until 8:00 A.M. February 15, 2010. 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:

• 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.
     (10) It is unlawful for a vessel to use more than 200 pots in the Makah SMA beginning 8:00 A.M. February 15, 2010 until 8:00 A.M. March 17, 2010. 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 Carol Henry at 360-249-1229;

     • Email to Carol Henry at: Carol.Henry@dfw.wa.gov or

     • Telephone call to: Carol Henry at 360-249-1296

     (11) 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.

     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.
REPEALER


     The following sections of the Washington Administrative Code are repealed effective 8:00 a.m. February 15, 2010:


WAC 220-52-04000P Commercial crab fishery. Lawful and unlawful gear, methods and other unlawful acts. (10-07)
WAC 220-52-04600P Coastal crab seasons (10-07)

© Washington State Code Reviser's Office