WSR 07-03-039

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 07-06 -- Filed January 10, 2007, 4:03 p.m. , effective January 10, 2007 ]


Effective Date of Rule: Immediately.

Purpose: Amend commercial fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-52-04000G and 220-52-04600V; 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: The step down provisions for those that fished south of Klipsan Beach will remain in effect. This rule provides for the economic well being of the industry. This meets the crab management plan agreement with tribal entities. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 0, Repealed 2.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: January 10, 2007.

Loreva M. Preuss

for Jeff Koenings

Director


NEW SECTION
WAC 220-52-04000H   Commercial crab fishery. Lawful and unlawful gear, methods and other unlawful acts.   (1) Notwithstanding the provisions of WAC 220-52-040, effective immediately until further notice, it is unlawful for any fisher or wholesale dealer or buyer to land or purchase Dungeness crab taken from Grays Harbor, Willapa Bay, Columbia River, Washington coastal or adjacent waters of the Pacific Ocean through January 31, 2007 from any vessel unless:

(a) A valid Washington crab-vessel inspection certificate has been issued to the delivering vessel. Vessel hold inspection certificates dated November 30, 2006, to December 30, 2006, are only valid in Willapa Bay and the coastal waters south of 4633.00.

(b) The vessel-inspection certificate numbers are recorded on all shellfish tickets completed for coastal Dungeness crab landings through January 31, 2007.

(2) Notwithstanding the provisions of WAC 220-52-040, it is lawful for a vessel not designated on a Dungeness crab coastal fishery license to transport or deploy up to 250 pots at any one time for deployment in the coastal crab fishery through January 10, 2007 at 12:01 a.m. The primary operator of the vessel associated with the pots being transported must be aboard the vessel while they are being deployed. All other provisions of the permanent rule remain in effect.

(3) Notwithstanding the provisions of WAC 220-52-040, effective immediately until 8:00 a.m. February 4, 2007, it is unlawful to possess or deliver Dungeness crab unless the following conditions are met:

(b) Vessels that have participated in the fishery from Klipsan Beach to Point Arena, CA, including Willapa Bay, prior to January 5, 2007, are not permitted to enter the area north of 4700.00 N. Lat. unless the operator of the vessel has contacted the Washington Department of Fish and Wildlife and provides a vessel-hold inspection if requested by Fish and Wildlife officers prior to entering this area. Prior to entering the area north of 4700.00 N. Lat., the vessel operator must call 360-249-4628, extension 253, and reports the vessel name, operator name, estimated amount of crab to be delivered, in pounds, and the estimated date, time, and location of delivery 24 hours prior to entering the area.

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Reviser's note: The typographical errors in the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.
NEW SECTION
WAC 220-52-04600Y   Coastal crab season.   Notwithstanding the provisions of WAC 220-52-046, effective immediately until further notice, it is unlawful to commercially fish for Dungeness crab in Washington coastal waters of the Pacific Ocean, including Grays Harbor, Willapa Bay, and the Columbia River, except as provided for in this section.

(1) The coastal waters from Destruction Island (4740.50) to the WA/OR border (4615.00), including the Columbia River, Willapa Bay, and Grays Harbor, are open to fishing for Dungeness crab.

(2) The Quinault primary special management area (QIN SMA) is closed to fishing for Dungeness crab: The QIN SMA includes the coastal waters shoreward of a line approximating the 25-fathom depth curve from Raft River to Copalis River as described by the following coordinates.

Northeast Corner: 4728.00 N Lat. - 12420.70 W Lon.
Northwest Corner: 4728.00 N Lat. - 124.33.00 W. Lon.
Southwest Corner: 4708.00 N. Lat. - 12423.50 W. Lon.
Southeast Corner: 4708.00 N. Lat. - 12411.20 W. Lon.
(3) Vessels that have deployed gear in the coastal commercial Dungeness crab fishery in the waters from Point Arena, California to Klipasn Beach, Washington (4628.00) including the Columbia River and Willapa Bay prior to 8:00 a.m., January 5, 2007 are prohibited from:

Fishing in the area between Klipsan Beach (4628.00) and Oysterville (4633.00) until 8:00 a.m. January 15, 2007.
Fishing in the area between Oysterville (4633.00) and the U.S. Canadian border until 8:00 a.m. February 4, 2007.
(4) All other provisions of the permanent rule remain in effect.

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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.

Reviser's note: The typographical 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.
REPEALER

     The following sections of the Washington Administrative Code are repealed:
WAC 220-52-04000G Commercial crab fishery. Lawful and unlawful gear, methods and other unlawful acts. (06-309)
WAC 220-52-04600W Coastal crab seasons. (06-309)

Washington State Code Reviser's Office