WSR 07-07-022

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ 07-37 -- Filed March 9, 2007, 2:32 p.m. , effective March 11, 2007, 8:00 a.m. ]


Effective Date of Rule: March 11, 2007, 8:00 a.m.

Purpose: Amend commercial fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-52-04600D; 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: California Assembly Bill 2773 (effective January 1, 2007) limits the geographic area where a California coastal Dungeness crab license is valid to the state and federal waters adjacent to the coast of California. Washington department of fish and wildlife agreed to adopt reciprocal regulations limiting the area that Washington coastal Dungeness crab licenses are valid to the state and federal waters adjacent to the coast of Washington. Similar reciprocal rules between Oregon and Washington were in place at the beginning of the 2005-2006 season. Special management area closures described according to agreed state-tribal management plans. Special management areas for tribal fishing are included as part of the crab management plan agreements. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 9, 2007.

J. P. Koenings

Director


NEW SECTION
WAC 220-52-04600E   Coastal crab season.   Notwithstanding the provisions of WAC 220-52-046, effective 8:00 a.m. on March 11, 2007, until further notice, it is unlawful to commercially fish for Dungeness crab in the following areas:

(1) A Quinault special management area (QIN SSMA) will close to fishing for Dungeness crab effective at 8:00 am on March 1, 2007: The QIN SSMA includes the coastal waters shoreward of a line approximating the 25-fathom depth curve from Copalis River to Point Grenville as described by the following coordinates:

Northeast Corner: 4718.35 N Lat. - 12416.00 W Lon.

Northwest Corner: 4718.35 N Lat. - 124.28.40 W. Lon.

Southwest Corner: 4708.00 N. Lat. - 12423.50 W. Lon.

Southeast Corner: 4708.00 N. Lat. - 12411.20 W. Lon.

(2) A Quinault special management area (QIN SSMA) will close to fishing for Dungeness crab effective at 8:00 am on March 1, 2007: The QIN SSMA includes the coastal waters shoreward of a line approximating the 30-fathom depth curve from Point Grenville to Split Rock as described by the following coordinates:

Northeast corner: 4724.50 N Lat. - 12420.00 W Lon.

Northwest corner: 4724.50 N Lat. - 12433.70 W Lon.

Southwest corner: 4718.35 N Lat. - 12431.20 W Lon.

Southeast corner: 4718.35 N Lat. - 12416.00 W Lon.

(3) It is unlawful for a vessel to use more than 100 pots in any area open to the state fishery, shoreward of 25-fathoms from Raft River to Copalis River, from March 1, 2007 through April 30, 2007. Fishers must pre-register with the Department of Fish and Wildlife 24 hours prior to deploying gear in this area by one of the three following methods:

Fax transmission to Brandon Bryant at 360-664-0689;

Email to Brandon Bryant at: bryanblb@dfw.wa.gov or

Telephone call to: Brandon Bryant at 360-249-4628, ext. 229

(4) The Quileute special management area (SMA) is closed to fishing for Dungeness crab through 7:59 a.m. May 1, 2007. The Quileute SMA is described as the area from Cape Johnson to Destruction Island. The following points outline the SMA:

1. Cape Johnson: 4758.00 N. Lat. - 12440.40 W. Lon.

2. 4758.00 N. Lat. - 12449.00 W. Lon.

3. 4754.293 N. Lat. - 12447.089 W. Lon.

4. 4754.293 N. Lat. - 12448.817 W. Lon.

5. 4740.50 N. Lat. - 12444.218 W. Lon.

6. Destruction Island: 4740.50 N. Lat. - 12424.43 W. Lon.

(5) The Makah special management area (SMA) is closed to fishing for Dungeness crab through 7:59 a.m. on April 14, 2007. The Makah SMA is described as the coastal waters between 4802.15 N to 4820.00 N east of a line connecting those points approximating the 25-fathom depth line according to the following coordinates:

Northeast corner; Tatoosh Island

Northwest corner; 4820.00 N Lat. - 12450.45 W Lon.

Southwest corner; 4802.15 N Lat. - 12450.45 W Lon.

Southeast corner; 4802.15 N Lat. - 12441.00 W Lon.

(6) It is unlawful to fish for or possess Dungeness crabs or to set crab gear in waters of the Pacific Ocean adjacent to the states of Oregon or California without the licenses or permits required to commercially fish for Dungeness crab within the state waters of Oregon or California. Washington coastal Dungeness crab permits are valid only in Washington state waters, the Columbia River, Willapa Bay, Grays Harbor, and the Pacific Ocean in federal waters north of the Washington/Oregon border (4615.00 N. Latitude), extending 200 nautical miles westward.

(5) All other provisions of the permanent rule remain in effect.

[]

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 section of the Washington Administrative Code is repealed effective 8:00 a.m. on March 11, 2007:


WAC 220-52-04600D Coastal crab season. (07-30)

Washington State Code Reviser's Office