FISH AND WILDLIFE
Effective Date of Rule: February 14, 2009, 8:00 a.m.
Purpose: Amend commercial fishing rules.
Citation of Existing Rules Affected by this Order: Repealing WAC 220-52-04600C; 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: 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. This rule is necessary to meet the terms of state-tribal management agreements for the current season. There is insufficient time to adopt 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: February 13, 2009.
(1) The area from Klipsan Beach (46°28.00) to the WA/OR border (46º15.00) and Willapa Bay.
(2) For the purposes of this order, the waters of Willapa Bay are defined to include the marine waters east of a line connecting 46°44.76 N, 124°05.76 W and 46°38.93 N, 124°04.33 W.
(3) Vessels that participate in the coastal commercial Dungeness crab fishery in the waters from Point Arena, California to Klipsan Beach, Washington (46º28.00), including Willapa Bay, before the area north of Klipsan Beach (46º28.00) opens, are prohibited from:
• Fishing in the area between Oysterville (46º33.00) and Destruction Island (47º40.50') until 8:00 a.m. February 16, 2009.
(4) Crab gear may be set in the area between Klipsan Beach (46º28.00) and the U.S. Canadian border including Grays harbor.
(5) It is lawful to pull crab gear in the area between Klipsan Beach and the U.S. Canadian border and Grays Harbor effective immediately.
(6) 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 (47º08.00) according to the following coordinates:
|Northeast Corner (Raft River):||47º28.00 N. Lat.||124º20.70 W. Lon.|
|Northwest Corner:||47º28.00 N. Lat.||124º34.00 W. Lon.|
|Southwest Corner:||47º08.00 N. Lat.||124º24.75 W. Lon.|
|Southeast Corner (Copalis River):||47º08.00 N. Lat.||124º11.20 W. Lon.|
• Northeast Corner; Cape Johnson 47º58.00' N. Lat. - 124º40.40' W. Lon.
• Northwest Corner; 47º58.00' N. Lat. - 124º49.00' W. Lon.
• Southwest Corner; 47º40.50' N. Lat. - 124º40.00' W. Lon.
• Southeast Corner; Destruction Island; 47º40.50' N. Lat - 124º24.43' W. Lon.
(8) The Makah Special Management Area (SMA) is closed to fishing until 8:00 AM February 14, 2009. It is unlawful for a vessel to use more than 200 pots in the Makah SMA from 8:00 a.m. February 14, 2009 through 7:59 a.m. March 16, 2009. 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: email@example.com or
• Telephone call to: Brandon Bryant at 360-249-4628, ext. 229
The Makah SMA includes the waters between 48º02.15 N. Lat. and 48º19.50 N. Lat. east of a line connecting those points and approximating the 25-fathom line according to the following coordinates:
• Northeast Corner: Tatoosh Island
• Northwest Corner: 48º19.50 N. Lat. - 124º50.45 W. Lon.
• Southwest Corner: 48º02.15 N. Lat. - 124º50.45 W. Lon.
• Southeast Corner: 48º02.15 N. Lat. - 124º41.00 W. Lon.
(9) 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 (46º15.00 N. Latitude), extending 200 nautical miles westward.
(10) 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.
The following section of the Washington Administrative Code is repealed effective 8:00 a.m. February 14, 2009:
|WAC 220-52-04600C||Coastal crab seasons. (09-06)|