WSR 08-02-042

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 07-304 -- Filed December 26, 2007, 4:22 p.m. , effective December 30, 2007, 8:00 a.m. ]


Effective Date of Rule: December 30, 2007, 8:00 a.m.

Purpose: Amend commercial fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-52-04000Q and 220-52-04600M; 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: Mandatory pick rate allowance for coastal crab will be achieved by the opening dates contained herein. The stepped opening periods/areas will also provide for fair start provisions. California Assembly Bill 2773 (effective January 1, 2007) limits the geographic area where a CA coastal Dungeness crab license is valid to the state and federal waters adjacent to the cost 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. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 2, Repealed 2.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: December 26, 2007.

Phil Anderson

for Jeff Koenings

Director


NEW SECTION
WAC 220-52-04000R   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, 2008, from any vessel unless:

(a) A valid Washington crab vessel inspection certificate has been issued to the delivering vessel. Vessel hold inspection certificates dated from November 30, 2007 to December 31, 2007 are only valid for the area south of 4628.00.

(b) The vessel inspection certificate numbers are recorded on all shellfish tickets completed for coastal Dungeness crab landings through January 31, 2008.

(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 between Klipsan Beach (4628.00) and Destruction Island (4740.50'). 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 February 4, 2008, it is unlawful to possess or deliver Dungeness crab unless the following conditions are met:

(a) Vessels that participated in the coastal Dungeness crab fishery from Klipsan Beach (4628.00 North Latitude) to Point Arena, CA, including Willapa Bay and the Columbia River, may possess crab for delivery into Washington ports south of 4700.00 N. Lat., provided the crab were taken south of Oysterville (4633.00 N. Lat.).

(b) The vessel does not 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., vessel operators must call 360-249-4628, extension 253, and report the vessel name, operators 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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NEW SECTION
WAC 220-52-04600N   Coastal crab seasons.   Notwithstanding the provisions of WAC 220-52-046, effective immediately until further notice, 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 Klipsan Beach (4628.00) to the WA/OR border (4615.00) and Willapa Bay.

(2) Vessels that participated in the coastal commercial Dungeness crab fishery in the waters from Point Arena, California to Klipsan Beach, Washington (4628.00), including Willapa Bay, before the area north of Klipsan Beach (4628.00) opens, are prohibited from:

a. Fishing in the area between Klipsan Beach (4628.00) and Oysterville (4633.00) until 10 days have elapsed from the time that the area north of Klipsan Beach opens.

b. Fishing in the area between Oysterville (4633.00) and Destruction Island (4740.50') until February 4, 2008.

c. Fishing in the area from Destruction Island (4740.50') to the U.S. Canada border until 20 days have elapsed from the time that the area north of Destruction Island opens.

(3) The area from Klipsan Beach (4628.00) to Destruction Island (4740.50') and Grays Harbor.

a. Crab gear may be set in the area between Klipsan Beach (4628.00) and Destruction Island (4740.50') beginning at 8:00 a.m., December 30, 2007.

b. It is lawful to pull crab gear beginning at 12:01 a.m., January 2, 2008.

(4) The Quinault Primary Special Management Area (PSMA) is closed to fishing for Dungeness crab until further notice. The PSMA includes the area shoreward of a line approximating the 27-fathom depth curve between Raft River (4728.00) and Copalis River (4708.00) according to the following coordinates:


Northeast Corner (Raft River): 4728.00 N. Lat. 12420.70 W. Lon.
Northwest Corner: 4728.00 N. Lat. 12434.00 W. Lon.
Southwest Corner: 4708.00 N. Lat. 12424.75 W. Lon.
Southeast Corner (Copalis River): 4708.00 N. Lat. 12411.20 W. Lon.

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

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REPEALER

The following sections of the Washington Administrative Code are repealed effective 8:00 a.m. December 30, 2007:


WAC 220-52-04000Q Commercial crab fishery. Lawful and unlawful gear, methods and other unlawful acts. (07-289)
WAC 220-52-04600M Coastal crab seasons. (07-286)

Washington State Code Reviser's Office