WSR 25-04-026
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 25-14—Filed January 27, 2025, 3:47 p.m., effective February 8, 2025, 8:00 a.m.]
Effective Date of Rule: February 8, 2025, 8:00 a.m.
Purpose: This emergency rule is needed to set commercial crab opening from Klipsan Beach to the United States/Canada border.
Citation of Rules Affected by this Order: Repealing WAC 220-340-42000B and 220-340-45000U; and amending WAC 220-340-420 and 220-340-450.
Statutory Authority for Adoption: RCW 77.04.012, 77.04.020, 77.12.045, and 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: This rule is needed because mandatory meat recovery criteria has been met. The season opening dates are based on measures described in state-tribal harvest management agreements and discussions with comanagers. Stepped opening periods for specific 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 2, Amended 0, Repealed 2.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 27, 2025.
Kelly Susewind
Director
NEW SECTION
WAC 220-340-42000CCommercial crab fisheryUnlawful acts.
Notwithstanding the provisions of WAC 220-340-420, effective 8:00 a.m. February 8, 2025, until further notice:
(1) 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, or Washington coastal or adjacent waters of the Pacific Ocean from any vessel, unless:
(a) A valid Washington crab vessel inspection certificate has been issued to the delivering vessel. Vessel hold inspections certificates dated from January 14, 2025, to February 9, 2025, are only valid for the area south of 46°28.00 N. Lat. and;
(b) The vessel inspection certificate numbers are recorded on all shellfish tickets completed for coastal Dungeness crab landings until March 18, 2025.
(2) 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 (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 Klipsan (46°28.00 N. Lat.).
(b) Vessels that participate in the coastal Dungeness crab fishery south of Klipsan Beach (46°28.00 N. Lat.) does not enter the area north of 47°00.00 N. Lat. until 9:00 a.m. February 11, 2025, unless the operator of the vessel has contacted the Washington Department of Fish and Wildlife prior to entering this area. Prior to entering the area north of 47°00.00 N. Lat., the vessel operator must call 360-580-6200, and report the vessel name, operator 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.
(3) 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.
NEW SECTION
WAC 220-340-45000VCommercial crab fisherySeasons and areasCoastal.
Notwithstanding the provisions of WAC 220-340-450 effective 8:00 a.m. February 8, 2025, 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 in this section.
(1) Open area: The area from the WA/OR border (46°15.00) to Klipsan Beach (46°28.00), including Willapa Bay and the Columbia River. For the purposes of this section, the waters of Willapa Bay 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.
(2) Open area: The area from Klipsan Beach (46°28.00) the to the U.S./Canada border, including Grays Harbor.
(a) It is permissible to set crab gear beginning at 8:00 a.m., February 8, 2025.
(b) It is permissible to pull crab gear beginning at 9:00 a.m., February 11, 2025.
(c) Licenses and vessels designated to those licenses that participate in the coastal commercial Dungeness crab fishery in the waters from Point Arena, California, to Cape Falcon, Oregon (45°46.00 N. Lat.), before the area from Cape Falcon, Oregon (45°46.00 N. Lat.) to Klipsan Beach, Washington (46°28.00) opens, are prohibited from fishing in the following area for the durations specified: The waters between WA/OR border (46°15.00) and Klipsan Beach (46°28.00), including Willapa Bay and the Columbia River until 8:00 a.m. February 14, 2025.
(d) Licenses and vessels designated to those licenses that participate in the coastal commercial Dungeness crab fishery in the waters from Point Arena, California, to Klipsan Beach, Washington (46°28.00), including Willapa Bay, before the area north of Klipsan Beach (46°28.00) opens, are prohibited from fishing in the following areas for the durations specified:
(i) The waters between Klipsan Beach (46°28.00) and Oysterville (46°33.00) until 8:00 a.m. February 21, 2025;
(ii) The waters between Oysterville (46°33.00) and the U.S./Canada border until 8:00 a.m. March 18, 2025.
(3) 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:
(a) Northeast Corner (Raft River): 47°28.00 N. Lat. 124°20.70 W. Lon.
(b) Northwest Corner: 47°28.00 N. Lat. 124°34.00 W. Lon.
(c) Southwest Corner: 47°08.00 N. Lat. 124°25.50 W. Lon.
(d) Southeast Corner (Copalis River): 47°08.00 N. Lat. 124°11.20 W. Lon.
(4) The Quileute special management area (SMA) is closed to fishing for Dungeness crab until further notice. The SMA includes the area shoreward of a line approximating the 30-fathom depth curve between Destruction Island and Cape Johnson according to the following points:
(a) Northeast Corner (Cape Johnson): 47°58.00'N. Lat. 124°40.40'W. Lon.
(b) Northwest Corner: 47°58.00'N. Lat. 124°49.00'W. Lon.
(c) Southwest Corner: 47°40.50'N. Lat. 124°40.00'W. Lon.
(d) Southeast Corner (Destruction Island): 47°40.50'N. Lat. 124°24.43'W. Lon.
(5) The Makah special management area (SMA) is closed to fishing until further notice. The SMA includes the waters between 48°02.15 N. Lat. and 48°19.50 N. Lat. east of a line connecting those points and approximating the 25-fathom line according to the following coordinates:
(a) Northeast Corner: Tatoosh Island
(b) Northwest Corner: 48°19.50 N. Lat. 124°50.45 W. Lon.
(c) Southwest Corner: 48°02.15 N. Lat. 124°50.45 W. Lon.
(d) Southeast Corner: 48°02.15 N. Lat. 124°41.00 W. Lon.
(6) 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.
REPEALER
The following sections of Washington Administrative Code are repealed, effective 8:00 a.m. February 8, 2025:
WAC 220-340-42000B
Commercial crab fisheryUnlawful acts. (25-06)
WAC 220-340-45000U
Commercial crab fisherySeasons and areasCoastal. (25-06)