WSR 08-04-019

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 08-14 -- Filed January 25, 2008, 4:31 p.m. , effective January 26, 2008, 8:00 a.m. ]


Effective Date of Rule: January 26, 2008, 8:00 a.m.

Purpose: Amend commercial fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-52-04000R and 220-52-04600N; 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 coast of California. The 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. Closed areas represent the intent of 2007-2008 state-tribal management 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 2, Repealed 2.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: January 25, 2008.

J. P. Koenings

Director


NEW SECTION
WAC 220-52-04000T   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.

(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, 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 early coastal Dungeness crab fishery from Klipsan Beach (46 28.00 North Latitude) to Point Arena, CA, including Willapa Bay and the Columbia River, may possess crab for delivery into Washington ports south of 47 00.00 N. Lat., provided the crab were taken south of Oysterville (46 33.00 N. Lat.).

(b) Vessels that participated in the early coastal Dungeness crab fishery from Klipsan Beach (46 28.00 North Latitude) to Point Arena, CA, including Willapa Bay and the Columbia River may not enter the area north of 47 00.00 N. Lat. until February 4, 2008 unless the operator of the vessel has contacted the Washington Department of Fish and Wildlife at 360-249-6522 ext 253 and reports the vessel name, operator, estimated amount of crab, destination and expected time of arrival 24 hours prior to entering the area north of 47 00.00 N Lat. Until February 4, 2008 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 and are planning to transit through the area north of 47 00.00 Lat shall make their vessel available for a hold inspection at the request of a Fish and Wildlife Officer.

(c) Vessels that participated in the early coastal Dungeness crab fishery from Klipsan Beach (46 28.00 North Latitude) to Point Arena, CA, including Willapa Bay and the Columbia River may not enter the area north of 47 40.50 N. Lat. until February 15, 2008 unless the operator of the vessel has contacted the Washington Department of Fish and Wildlife at 360-249-6522 ext 253 and reports the vessel name, operator, estimated amount of crab, destination and expected time of arrival 24 hours prior to entering the area north of 47 00.00 N Lat. Until February 15, 2008 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 and are planning to transit through the area north of 47 00.00 Lat shall make their vessel available for a hold inspection at the request of a Fish and Wildlife Officer.

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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 220-52-04600Q   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:

Fishing in the area between Oysterville (4633.00) and Destruction Island (4740.50') until 8:00 a.m. February 4, 2008.
Fishing in the area from Destruction Island (4740.50') to the U.S. Canada border until 8:00 a.m. February 15, 2008.
(3) The area from Klipsan Beach (4628.00) to Destruction Island (4740.50') and Grays Harbor.

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.
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) The area from Destruction Island to the U.S. Canada border.

Crab gear may be set in the area between Destruction Island and the U.S. Canada border at 8:00 a.m. January 26, 2008.
It is lawful to pull crab gear beginning at 8:00 a.m., January 26, 2008.
(6) The Quileute Special Management Area (SMA) is closed to fishing for Dungeness crab from 8:00 a.m. January 26, 2008 until 8:00 a.m. May 1, 2008. The Quileute SMA is described as the area from Cape Johnson to Destruction Island shoreward of a line approximating 30 fathoms according to the following points.

Northeast Corner; Cape Johnson, 4758.00 - 12440.40
Northwest Corner; 4758.00 - 12449.00
Southwest Corner; 4740.50 - 12440.00
Southeast Corner; Destruction Island, 4740.50 - 12424.43
(7) The Makah Special Management Area (SMA) is closed to fishing for Dungeness crab from 8:00 a.m. January 26, 2008 until further notice. The Makah SMA is described as the coastal waters between 4802.15 N Lat. to 4820.00N Lat. east of a line connecting those points approximating the 25-fathom line according to the following coordinates:

Northeast Corner; Tatoosh Island

Northwest Corner; 4819.50 N. - 12450.45 W

Southwest Corner; 4802.15 N. - 12450.45 W.

Southeast Corner; 4802.15 N. - 12441.00 W.

(8) 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. January 26, 2008:


WAC 220-52-04000R Commercial crab fishery. Lawful and unlawful gear, methods and other unlawful acts. (07-304)
WAC 220-52-04600N Coastal crab seasons. (07-304)

Washington State Code Reviser's Office