FISH AND WILDLIFE
Effective Date of Rule: Immediately.
Purpose: Commercial fishing rules.
Citation of Existing Rules Affected by this Order: Repealing WAC 220-52-04000N and 220-52-04600M; and amending WAC 220-52-040 and 220-52-046.
Statutory Authority for Adoption: RCW 77.12.047, 77.04.020, and 77.70.430.
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 meat pick-out 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. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 0, Repealed 2.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 8, 2010.
(a) A valid Washington crab vessel inspection certificate has been issued to the delivering vessel. Vessel hold inspection certificates dated from November 30, 2009, to December 25, 2009 are only valid for the area south of 46º28.00.
(b) The vessel inspection certificate numbers are recorded on all shellfish tickets completed for coastal Dungeness crab landings through January 31, 2010.
(1) The area from Klipsan Beach (46º28.00) to the WA/OR border (46º15.00) and Willapa Bay: Open.
(2) For the purposes of this order, the waters of Willapa Bay are defined to include the marine waters east of a line connecting 46º44.76 N, 124º05.76 W and 46º38.93 N, 124º04.33 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:
a. Fishing in the area between Klipsan Beach (46º28.00) and Oysterville (46º33.00) until 8:00 A.M., January 12, 2010.
b. Fishing in the area between Oysterville (46º33.00) and Destruction Island (47º40.50') until 8:00 A.M., February 6, 2010.
c. Fishing in the area from Destruction Island (47º40.50) to the U.S./Canada border until 8:00 A.M., February 6, 2010.
(4) It is permissible to pull crab gear in the area between Klipsan Beach and Destruction Island and Grays Harbor.
(5) It is permissible to pull crab gear in the area between Destruction Island and the U.S./Canada Border beginning at 12:01 A.M. January 15, 2010.
(6) The Quinault primary special management area (PSMA) is closed to fishing for Dungeness crab until 8:00 A.M. March 1, 2010. 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.||124º25.50 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.|
|•||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.|
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 sections of the Washington Administrative Code are repealed:
|WAC 220-52-04000N||Commercial crab fishery. Lawful and unlawful gear, methods and other unlawful acts. (09-277)|
|WAC 220-52-04600M||Coastal crab seasons (09-277)|