WSR 97-24-049

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

(Fisheries)

[Order 97-230--Filed November 26, 1997, 1:15 p.m., effective December 1, 1997, 12:01 a.m.]

Date of Adoption: November 24, 1997.

Purpose: Commercial fishing regulations.

Citation of Existing Rules Affected by this Order: Amending WAC 220-20-410, 220-52-040, and 220-52-046.

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: This rule is necessary to preserve fishing opportunity consistent with the Quinault State-Tribal management plan for the 1997/98 coastal Dungeness crab season. The Quinault Indian Nation adopted a corresponding regulation. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 3, amended 0, repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.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: December 1, 1997, 12:01 a.m.

November 24, 1997

Bern Shanks

Director

NEW SECTION

WAC 220-52-04000F Crab fishery--Lawful and unlawful. Notwithstanding the provisions of WAC 220-52-040, effective December 1, 1997 until further notice, it is unlawful for any person to take or fish for crab for commercial purposes in Grays Harbor Marine Fish/Shellfish Management and Catch Reporting Area 60B with more than 200 shellfish pots in the aggregate, and it shall be unlawful for any group of persons using the same vessel to take or fish for crab for commercial purposes in Grays Harbor with more than 200 shellfish pots.

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NEW SECTION

WAC 220-52-04600W Crab fishery--Seasons, areas and gear restrictions Notwithstanding the provisions of WAC 220-52-046, effective 12:01 a.m. December 1, 1997 until further notice it is unlawful for non-Indian commercial crab fishers to take crab for commercial purposes from the following areas during the periods indicated:

(1) The following areas are closed through January 4, 1998:

Quinault

Those waters bounded by lines projected between the following coordinates:

NW corner: 4709'00"N 12423'80"W

(LORAN 41885)

NE corner: 4709'00"N 12416'30"W

SW corner: 4658'00"N 12422'00"W

(LORAN 41885)

SE corner: 4658'00"N 12415'30"W

Quinault and Hoh

Those waters bounded by lines projected between the following coordinates:

NW corner: 4732'00"N 12434'00"W

(LORAN 41865)

NE corner: 4732'00"N 12429'50"W

(LORAN 41880)

SW corner: 4727'00"N 12433'00"W

(LORAN 41865)

SE corner: 4727'00"N 12428'60"W

(LORAN 41880)

(2) The following area is closed through January 7, 1998, and after February 4, 1998, until further notice:

Quileute and Hoh

Those Pacific Ocean waters inside and bounded by a line projected from the shore due west along 4740'50"N (Destruction Island) to 4740'50"N, 12437'50"W, thence northerly to 4800'00"N, 12449'50"W, thence northerly to 4802'25"N, 12450'00"W, thence due east to shore.

(3) The following area is closed after December 28, 1997, until further notice:

Makah

Those Pacific Ocean waters inside and bounded by line projected due west from shore to 4802'15"N, 12450'00"W, thence to 4807'36"N, 12451'24"W, thence to 4820'00"N, 12450'00"W, thence to Cape Flattery.

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NEW SECTION

WAC 220-22-41000A Marine fish-shellfish management and catch reporting areas--Coastal waters. Notwithstanding the provisions of WAC 220-22-410, effective 12:01 a.m. December 1, 1997 until further notice, Marine Fish-Shellfish Management and Catch Reporting Areas 59A and 60A are modified; catch reporting shall conform to the following catch and area descriptions.

(1) Area 59A-1 shall include waters east of the 220 true line, west of a line from Cape Flattery to Bonilla Point, and north of 4740'30"N. Latitude (Destruction Island) exclusive of coastal waters (0-3) miles north of line projected true west from Cape Alava.

(2) Area 59A-2 shall include waters east of the 220 true line, south of 4740'30"N. Latitude (Destruction Island), and north of a line projected true west from Point Grenville.

(3) Area 60A-1 shall include waters north of a line projected true west from Point Chehalis (4653'18"N. Latitude) and south of a line projected true west from Point Grenville exclusive of Grays Harbor.

(4) Area 60A-2 shall include waters north of a line projected true west from the Washington-Oregon boundary in the Columbia River and south of a line projected true west from Point Chehalis (4653'18"N. Latitude) exclusive of the Columbia River estuary and Willapa Bay.