WSR 06-07-116

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 06-51 -- Filed March 17, 2006, 4:00 p.m. , effective March 17, 2006 ]


     Effective Date of Rule: Immediately.

     Purpose: Amend commercial fishing rules.

     Citation of Existing Rules Affected by this Order: Repealing WAC 220-52-04600I; and amending WAC 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: March 17, 2006.

J. P. Koenings

Director


NEW SECTION
WAC 220-52-04600M   Coastal crab seasons.   Notwithstanding the provisions of WAC 220-52-046, effective immediately until further notice, it is unlawful for commercial fishers to fish for or take crab for commercial purposes, or place gear, in the following areas during the periods indicated:

     Special Area Management (SMA) Restrictions

     Makah:

     Closed: Immediately/Open: 8:00 a.m. March 29, 2006

     The Dungeness crab fishery will be closed 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:

     Open: Immediately

     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).

• Northeast Corner: 47º28.00N. - 124º20.70 W.
• Northwest Corner: 47°28.00N. - 124º33.00 W.
• Southwest Corner: 47°08.00N. - 124°23.50 W.
• Southeast Corner: 47°08.00N. - 124°11.20 W.
     Closed: 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: 47º21.00N. - 124°18.00 W.
• Northwest Corner: 47°21.00N. - 124°29.75 W
• Southwest Corner: 47°08.00N. - 124°23.50 W.
• Southeast Corner: 47°08.00N. - 124°11.20 W.
     Quileute:

     In the area from Sand Point to Destruction Island:

     (1) The state fishery will remain closed in the SMA described as the marine waters within the following points:

• Northeast Corner; 47º58.00 N - 124°40.40 W.
• Northwest Corner; 47º58.00 N. - 124º49.00 W.
• Southwest Corner; 47º40.50 N. - 124º40.50 W.
• Southeast Corner; 47º40.50 N. - 124°24.43 W.

[]

     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:
WAC 220-52-04600I Coastal crab seasons. (Order 06-05)

© Washington State Code Reviser's Office