WSR 18-03-077 EMERGENCY RULES DEPARTMENT OF FISH AND WILDLIFE [Order 18-07—Filed January 12, 2018, 1:59 p.m., effective January 12, 2018, 1:59 p.m.] Effective Date of Rule: Immediately upon filing. Purpose: Amends commercial crab regulations for Columbia River, coastal and Willapa Bay areas. Citation of Rules Affected by this Order: Repealing WAC 220-340-42000B; and amending WAC 220-340-420. 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: This emergency regulation is necessary to provide a technical change that clarifies that a reduced number of crab pots are allowed and that excess crab pot buoy tags assigned to coastal Dungeness crab licensees be maintained onboard participating vessels during the Columbia River, coastal, and Willapa Bay commercial Dungeness fisheries until the northern coastal crab fishery begins at 8:00 a.m., January 25, 2018. 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 Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0. Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0. Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 1. Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0. Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: January 12, 2018. J. W. Unsworth Director
NEW SECTION
WAC 220-340-42000D Commercial crab fishery—Unlawful acts.
Notwithstanding the provisions of WAC 220-340-420, effective immediately until further notice:
(1) 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, or Washington coastal or adjacent waters of the Pacific Ocean from any vessel, unless:
(a) The vessel inspection certificate numbers are recorded on all shellfish tickets completed for coastal Dungeness crab landings until March 4, 2018 and;
(b) A valid Washington crab vessel inspection certificate has been issued to the delivering vessel. Vessel-hold inspection certificates dated from January 12, 2018 to January 27, 2018, are only valid for the area south of 46°28.00 N. Lat.
(2) It is unlawful for persons participating in the Columbia River, Coastal, or Willapa Bay commercial Dungeness crab fishery until 8:00 a.m. January 12, 2018 to 8:00 am January 25, 2018, 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.
(3) It is unlawful to fail to maintain onboard any vessel participating in the Columbia River, Coastal, or Willapa Bay commercial Dungeness crab fishery the excess crab pot buoy tags assigned to the Coastal Dungeness crab fishery license being fished from 8:00 am January 12, 2018 to 8:00 am January 25, 2018.
(4) 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 prior to entering this area. Prior to entering the area north of 47°00.00 N. Lat., 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.
(5) It is unlawful for a vessel not designated on a Dungeness crab coastal fishery license to deploy crab pot gear except under the following conditions:
(a) The vessel deploys pot gear only during the 73-hour period immediately preceding the season opening date and during the 48-hour period immediately following the season opening date;
(b) The undesignated vessel carries no more than 250 crab pots at any one time; and;
(c) The primary or alternate operator of the crab pot gear named on the license associated with the gear is on board the undesignated vessel while the gear is being deployed.
(6) Violation of subsection (5) of this section is a gross misdemeanor or class C felony punishable under RCW 77.15.500 Commercial fishing without a license—Penalty, depending on the circumstances of the violation.
(7) All other provisions of the permanent rule remain in effect.
REPEALER
The following section of the Washington Administrative Code is repealed effective immediately:
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