WSR 16-19-016 EMERGENCY RULES DEPARTMENT OF FISH AND WILDLIFE [Order 16-243—Filed September 8, 2016, 4:30 p.m., effective September 8, 2016, 4:30 p.m.] Effective Date of Rule: Immediately upon filing.
Purpose: Amend commercial fishing rules for coastal crab.
Citation of Existing Rules Affected by this Order: Repealing WAC 220-52-04400C and 220-52-04500S; and amending WAC 220-52-044 and 220-52-045.
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: In order to protect crab during the typical fall molting period and to meet the stipulations found in state tribal agreements it is necessary to close the commercial crab fishery. Washington department of fish and wildlife permitted gear recovery is allowed by permanent regulation fifteen days following the close of the commercial season to allow fish and wildlife officers time to enforce rules relative to fishing during the closed season. An earlier start to the permitted gear recovery gives participants more time to recover lost gear before weather conditions becomes [become] prohibitive to safe gear recovery efforts. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 0, Repealed 2.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: September 8, 2016.
David Giglio
for J. W. Unsworth
Director
NEW SECTION
WAC 220-52-04400C Coastal crab fishery—Coastal crab gear recovery permit.
Notwithstanding the provisions of WAC 220-52-044:
(1) Effective 12:01 am September 21, 2016 through 11:59 p.m. October 31, 2016, a coastal crab gear recovery permit may be granted by the director or his or her designee for licensed coastal Dungeness crab fishers to recover crab pots belonging to state licensed fishers that remain in the ocean in the coastal waters between the Washington/Oregon border (46°15.00) and the US/Canada border, including the Columbia River, Willapa Bay and Grays Harbor.
(2) No crab may be retained on any vessel engaged in permitted gear recovery activities or while recovered gear is on board the vessel.
NEW SECTION
WAC 220-52-04500S Coastal crab seasons.
Notwithstanding the provisions of WAC 220-52-045, effective immediately through 11:59 p.m. September 15, 2016, 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 WA/OR border (46°15.00) and the U.S./Canada Border, including Willapa Bay and Grays Harbor: 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) The Quinault Secondary Special Management Area (SSMA) is closed to fishing for Dungeness crab from the area shoreward of a line approximating the 27-fathom depth curve between Split Rock (47º24.50) and the mouth of the Copalis River (47º08.00). This area is closed until further notice. The legal SSMA is defined by the following coordinates:
REPEALER
The following section of the Washington Administrative Code is repealed effective November 1, 2016:
The following section of the Washington Administrative Code is repealed effective September 16, 2016:
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