WSR 15-16-093
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 15-238—Filed August 3, 2015, 3:43 p.m., effective August 3, 2015, 3:43 p.m.]
Effective Date of Rule: Immediately upon filing.
Purpose: Amend coastal commercial crab fishing rules.
Citation of Existing Rules Affected by this Order: Repealing WAC 220-52-04500I; and amending WAC 220-52-045.
Statutory Authority for Adoption: RCW 77.04.012, 77.04.020, and 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: Test results from the Washington department of health show that crab tested in the area between the WA/OR border and the Queets River are not safe for human consumption. Levels of domoic acid, detected through routine testing have exceeded the federally established action level. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: August 3, 2015.
J. W. Unsworth
Director
NEW SECTION
WAC 220-52-04500J Commercial crab fisherySeasons and areasCoastal.
Notwithstanding the provisions of WAC 220-52-045, 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 the Queets River (47°31.70), Washington to the U.S./Canada Border: 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) Notwithstanding the provisions of WAC 220-52-045, effective immediately, it is unlawful to:
(a) Fish for Dungeness crab in the coastal waters of the Pacific Ocean between the Washington/Oregon border (46°15.00) and the Queets River (47°31.70), Washington;
(b) Fish for Dungeness crab in Grays Harbors, Willapa Bay and the Columbia River;
(c) Effective 12:01 a.m. August 10, 2015, set, maintain, operate, or possess in those waters listed in subsections (3)(a) and (b) of this section, any baited or unbaited shellfish pots or ring nets for any reason; and
(d) Possess, transport or deliver Dungeness crab within the waters closed in this section unless the following conditions are met:
(i) Vessels that participate in the coastal Dungeness crab fishery from north of the Queets River (47°32.05) or south of the WA/OR border may possess crab for delivery into Washington ports south of the Queets River (47°31.70), provided the crab were taken north of the Queets River (47°32.05) or south of the WA/OR border.
(ii) Prior to entering Washington coastal waters of the Pacific Ocean between the WA/OR border (46°15.00) and the Queets River (47°31.70), including Grays Harbor, Willapa Bay and the Columbia River, the vessel operator must call 360-581-3337 and report 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.
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.
REPEALER
The following section of the Washington Administrative Code is repealed:
WAC 220-52-04500I
Commercial crab fisherySeasons and areasCoastal. (15-182)