WSR 97-05-029
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
(Fisheries)
[Order 97-19--Filed February 12, 1997, 10:35 a.m.]
Date of Adoption: February 12, 1997.
Purpose: Commercial fishing regulations.
Citation of Existing Rules Affected by this Order: Amending WAC 220-52-046 and 220-52-040.
Statutory Authority for Adoption: RCW 75.08.080.
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: The closures in this emergency rule are necessitated by federal court order. The state may not authorize commercial shellfish harvests absent agreed planning or compliance with a process. For Areas 26B, 26C, and 26D there is no agreement to commercial non-Indian crabbing and therefore it must remain closed until compliance with federal court orders or until an agreed plan addresses the area. For other areas in this emergency order, agreed plans with applicable tribes have been entered as required by the court order. Such plans have the effect of a federal court order, 898 F. Supp. 1453, 1466, 3.1. Pursuant to RCW 34.04.350 [34.05.350], the need to comply with such plans may result in contempt of federal court or failure of all commercial crab fishing in a given region addressed by a plan. These rules are temporary until the permanent rules take effect. This regulation will allow groundlines to continue to be used, has industry support, and will improve Washington Department of Fish and Wildlife's ability to enforce pot limits. Because groundlines are often used in areas of heavy marine traffic, this configuration will make the gear more visible and less likely to be damaged and/or lost. The buoy brand certificate program is very costly to administer and is no longer considered an effective method to help ensure shellfish pot limit compliance.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 2, amended 0, repealed 0.
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.
Effective Date of Rule: Immediately.
February 12, 1997
Dirk Brazil
for Bern Shanks
Director
NEW SECTION
WAC 220-52-04600T Crab fishery--Seasons, areas and gear restrictions. Notwithstanding the provisions of WAC 220-52-046, it is unlawful to fish for Dungeness crab for commercial purposes in Puget Sound except during the times and in the areas provided for in this section.
(1) All Puget Sound Marine Fish/Shellfish Management and Catch Reporting Areas are open until 11:59 p.m., April 15, 1997, except Areas 25C, 27A, 27B, 27C, 28A, 28B, 28C, and 28D and the closures provided for in this section.
(2) The following areas are closed to non-Indian commercial crab fishing:
(a) Those waters of Marine Fish/Shellfish Management and Catch Reporting Area 20A between a line from the boat ramp at the western boundary of Birch Bay State Park to the western point of the entrance of the Birch Bay Marina and a line from the same boat ramp to Birch Point are closed March 1 through April 15, 1997.
(b) Those waters of Marine Fish/Shellfish Management and Catch Reporting Area 20A in Lummi Bay east of a line projected from the entrance buoy at Sandy Point to Gooseberry Point.
(c) Those waters of Marine Fish/Shellfish Management and Catch Reporting Area 21A in Bellingham Bay west of a line projected from the exposed boulder at Point Francis to the pilings at Stevie's Point.
(d) Those waters of Marine Fish/Shellfish Management and Catch Reporting Area 24A east of lines projected north from the most westerly tip of Skagit Island and south to the most westerly tip of Hope Island thence southeast to Seal Rocks, thence southeast to the green can buoy at the mouth of Swinomish Channel, thence easterly to the west side of Goat Island.
(e) Those waters of Marine Fish/Shellfish Management and Catch Reporting Area 24B inside a line projected from Priest Point to the five-meter tower between Gedney Island and Priest Point, thence northwesterly on a line between the five-meter tower and Barnum Point to the intersection with a line projected true west from Kayak Point, thence east to shore.
(f) Those waters of Marine Fish/Shellfish Management and Catch Reporting Area 24B north of a line projected true west from Kayak Point and south and west of a line from Kayak Point to Barnum Point.
(g) Those waters of Marine Fish/Shellfish Management and Catch Reporting Area 25A west of a line from the new Dungeness Light to the mouth of Cooper Creek have a 30 pot per vessel limit.
(h) Those waters of Marine Fish/Shellfish Management and Catch Reporting Areas 26B, 26C, and 26D.
(i) Those waters of Marine Fish-Shellfish Management and Catch Reporting Area 25D within a line from the Point Hudson Marina entrance to the northern tip of Indian Island, thence to Kala Point, and thence following the shoreline to the point of origin.
(3) The following areas are closed to commercial crab fishing during the periods indicated:
(a) Those waters of Marine Fish/Shellfish Management and Catch Reporting Area 24C inshore of the 400 foot depth contour within an area bounded by parallel lines projected northeasterly from Sandy Point and the entrance to the marina at Langley are closed March 1 through April 15, 1997.
(b) Those waters of Marine Fish/Shellfish Management and Catch Reporting Area 26A in Useless Bay north and east of a line from Indian Point to a point on shore 1.5 miles northeast of Double Bluff are closed March 1 through April 15, 1997.
(c) Those waters of Marine Fish/Shellfish Management and Catch Reporting Area 21B inside lines from Oyster Creek to the fisheries monument on Samish Island and from Oyster Creek to Point Williams are closed shoreward of the ten fathom contour March 1 through April 15, 1997.
(d) Those waters of Marine Fish/Shellfish Management and Catch Reporting Area 22B in Fidalgo Bay south of a line projected from the red number 4 entrance buoy at Cap Sante Marina to the northern end of the easternmost oil dock are closed March 1, through April 15, 1997.
(4) The following areas are closed to commercial crab fishing until further notice:
(a) Those waters of Marine Fish/Shellfish Management and Catch Reporting Area 24A within a line projected .4 nautical miles due northwest from Rocky Point, thence to the red number 2 buoy, thence to Brown Point.
(b) Those waters of Marine Fish/Shellfish Management and Catch Reporting Area 24D south of a line from Dines Point to the point just north of Beverly Beach.
(c) Those waters of Marine Fish/Shellfish Management and Catch Reporting Areas 24B and 26A inside lines projected from the five-meter tower between Gendey Island and Priest Point to the north tip of Jetty Island and from the five-meter tower to the tower at Pigeon Creek No. 1.
(d) Those waters of Marine Fish/Shellfish Management and Catch Reporting Area 26A within a line from the green number 1 buoy at Scatchet Head to the green number 1 buoy at Possession Point thence following the 200 foot contour to a point due east from the Glendale Dock.
(e) Those waters of Marine Fish/Shellfish Management and Catch Reporting Area 21B in Samish Bay south of a line from Oyster Creek to the fisheries management monument on Samish Island.
(f) Those waters of Marine Fish/Shellfish Management and Catch Reporting Area 22A in Westcott and Garrison Bays east of a line projected due south from Point White to San Juan Island.
(g) Those waters of Marine Fish/Shellfish Management and Catch Reporting Area 20A in Birch Bay east of a line projected from the boat ramp at the western boundary of Birch Bay State Park to the western point of the entrance to the Birch Bay Marina.
(h) Those waters of Marine Fish/Shellfish Management and Catch Reporting Area 21A shoreward of the ten-fathom (MLLW) contour in Chuckanut Bay.
(i) Those waters of Marine Fish/Shellfish Management and Catch Reporting Area 22A in Blind Bay south of a line projected due west from Point Hudson to Shaw Island.
(j) Those waters of Marine Fish/Shellfish Management and Catch Reporting Area 22A in Deer Harbor north of a line projected from Steep Point to Pole Pass.
(k) Those waters of Marine Fish/Shellfish Management and Catch Reporting Area 22A in Fisherman Bay south of a line projected east-west through the red number 4 entrance buoy.
(l) Those waters of Marine Fish/Shellfish Management and Catch Reporting Area 22A in Mud Bay south of a line projected from Lopez Island through Crab and Fortress Islands to Lopez Island.
(m) Those waters of Marine Fish/Shellfish Management and Catch Reporting Area 22B in Padilla Bay within a line projected from the northern end of the easternmost oil dock to the red number 2 buoy, thence southeasterly to the red number 8 buoy, thence west to shore.
(n) All waters in the San Juan Islands Marine Preserve Area.
(5) In all open areas as provided for in this section, it is
unlawful to pull or set commercial crab gear from one-half hour after
sunset to one-half hour before sunrise.
[]
Reviser's note: The spelling 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.
NEW SECTION
WAC 220-52-04000D Crab fishery--Lawful and unlawful. Notwithstanding the provisions of WAC 220-20-010 and WAC 220-52-040, effective immediately until further notice:
(1) It is unlawful for any person to take or fish for Dungeness crabs for commercial purposes in Puget Sound licensing district with more than 20 pots per groundline, and it shall be unlawful to use or operate a groundline unless such gear meets the following requirements:
(a) A buoy, staff, flag and radar reflector must be attached at each end of the groundline;
(b) Flags attached at each end of the groundline must be orange in color;
(c) Buoys attached at each end of the groundline must be marked in a visible and legible manner with the Department of Fish and Wildlife approved and registered buoy brand issued to the license;
(d) Buoys attached at each end of the groundline must be marked with the number of pots attached to the groundline;
(e) Staffs with attached flags at each end of the groundline must be at least four feet above the water surface.
(2) A current Puget Sound crab pot/buoy brand certificate is not
required to fish for Dungeness crab in Puget Sound.
[]