Effective Date of Rule: May 1, 2008.

     Purpose: Amend commercial fishing rules.

     Citation of Existing Rules Affected by this Order: Repealing WAC 220-52-04600T; 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: Per the 2007-2008 Quileute resource management plan we will open the Quileute special management area (SMA) to nontreaty fishers for one hundred pots per fisher shoreward of the 30-fathom curve from Cape Johnson to Destruction Island. 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: April 29, 2008.

Loreva M. Preuss

for Jeff Koenings

Director

     (1) From the Washington/Oregon border to the U.S./Canada border, including Grays Harbor, Willapa Bay and the Columbia River, open with the following exceptions:

     (a) 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 (47º28.00) and Copalis River (47°08.00) according to the following coordinates:

Northeast Corner (Raft River):	47°28.00 N. Lat.	124°20.70 W. Lon.
Northwest Corner:	47°28.00 N. Lat.	124°34.00 W. Lon.
Southwest Corner:	47°08.00 N. Lat.	124°24.75 W. Lon.
Southeast Corner (Copalis River):	47°08.00 N. Lat.	124°11.20 W. Lon.

     (2) The Quileute Special Management Area (SMA) will open to fishing for Dungeness crab at 8:00 a.m. May 1, 2008, until further notice.

     (a) It is unlawful for a vessel to use more than 100 pots in any area open to the state fishery, shoreward of the 30-fathom curve from Cape Johnson to Destruction Island from May 1, 2008, until further notice. 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

     (b) 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, 47°58.00 - 124°40.40
•	Northwest Corner; 47°58.00 - 124°49.00
•	Southwest Corner; 47°40.50 - 124°40.00
•	Southeast Corner; Destruction Island, 47°40.50 - 124°24.43

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

[]

     The following section of the Washington Administrative Code is repealed:

WAC 220-52-04600T

Coastal crab seasons. (08-39)

© Washington State Code Reviser's Office