WSR 06-02-011

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 05-274 -- Filed December 22, 2005, 4:36 p.m. , effective December 28, 2005, 8:00 a.m. ]


     Effective Date of Rule: December 28, 2005, 8:00 a.m.

     Purpose: Amend commercial fishing rules.

     Citation of Existing Rules Affected by this Order: Repealing WAC 220-52-04600E; 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: Coastal crab will have achieved the mandatory pick rate allowance for opening the season by December 31, 2005. The opening date has been coordinated with Oregon. 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 0, Repealed 1.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: December 21, 2005.

J. P. Koenings

Director


NEW SECTION
WAC 220-52-04000R   Coastal crab -- Barging crab gear.   Notwithstanding the provisions of WAC 220-52-040, it is lawful for a vessel not designated on a Dungeness crab coast fishery license to barge up to 250 pots at any one time for deployment in the coastal crab fishery. All other provisions of the permanent rule remain in effect.

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NEW SECTION
WAC 220-52-04600F   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) Crab gear may be set beginning at 8:00 a.m., December 28, 2005.

     (2) It is lawful to pull crab gear beginning at 12:01 a.m., December 31, 2005.

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

     Special Area Management (SMA) Restrictions

     Makah:

     Close: 12:01 a.m. January 28, 2006/Open: 8:00 a.m. March 29, 2006

     The Dungeness crab fishery will be closed beginning January 28, 2006 through March 28, 2006 in the coastal waters between 48°02.15N. to 48°20.00N. and east of a line connecting those points approximating the 25-fathom line. The SMA is described as the marine waters within the following points:

• Northeast Corner; Tatoosh Island
• Northwest Corner; 48°20.00 N. - 124°50.45 W.
• Southwest Corner; 48°02.15 N. - 124°50.45 W.
• Southeast Corner, 48°02.15 N. - 124°41.00 W.
     Quinault:

     Close: 12:01 a.m. December 31, 2005/Open: March 1, 2006

     A primary SMA will be established to include the coastal waters shoreward of a line approximating the 25-fathom depth curve between Raft River (47°28.00) and Copalis River (47°08.00). This area will remain closed until February 28, 2006.

• Northeast Corner: 47°28.00 N. - 124°20.70 W.
• Northwest Corner: 47°28.00 N. - 124°33.00 W.
• Southwest Corner: 47°08.00 N. - 124°23.50 W.
• Southeast Corner: 47°08.00 N. - 124°11.20 W.
     Close: 12:01 a.m. March 1, 2006 until further notice.

     A secondary SMA will be established to include the area shoreward of a line approximating the 25-fathom depth curve between the mouth of the Copalis River and the mouth of the Quinault River. This area will be closed from the time the primary SMA closure concludes until further notice.

     There will be a 100-pot limit in the area shoreward of 25 fathoms from Raft River to Copalis River until further notice and a requirement to pre-register with the Department before fishing in this area.

     This SMA will be described as the marine waters within the following points:

     Quinault Secondary SMA cont.

• Northeast Corner: 47°21.00 N. - 124°18.00 W.
• Northwest Corner: 47°21.00 N. - 124°29.75 W
• Southwest Corner: 47°08.00 N. - 124°23.50 W.
• Southeast Corner: 47°08.00 N. - 124°11.20 W.
     Quileute:

     Close: 12:01 a.m. December 31, 2005 until further notice.

     The state fishery will be closed until further notice in the area from Cape Johnson to Destruction Island. This SMA will be described as the marine waters within the following points:

• Northeast Corner; Cape Johnson 47°58.00 N - 124°40.40 W.
• Northwest Corner; 47°58.00 N. - 124°49.00 W.
• Southwest Corner; 47°40.50 N. - 124°40.00 W.
• Southeast Corner; Destruction Island 47°40.50 N. - 124°24.43 W.

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     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 section of the Washington Administrative Code is repealed effective 8:00 a.m. December 28, 2005:


WAC 220-52-04600E Coastal crab seasons. (Order 05-266)