WSR 13-03-116

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 13-14 -- Filed January 18, 2013, 11:42 a.m. , effective January 18, 2013, 11:42 a.m. ]


     Effective Date of Rule: Immediately.

     Purpose: Amend commercial fishing rules.

     Citation of Existing Rules Affected by this Order: Repealing WAC 220-52-04000U and 220-52-04600E; and amending WAC 220-52-040 and 220-52-046.

     Statutory Authority for Adoption: RCW 77.12.047 and 77.04.020.

     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 special management areas are listed in accordance with state/tribal management agreements. 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 0, Repealed 2.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 18, 2013.

Philip Anderson

Director


NEW SECTION
WAC 220-52-04000W   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, the Columbia River, or Washington coastal or adjacent waters of the Pacific Ocean through February 28, 2013, from any vessel unless:

     (a) A valid Washington crab vessel inspection certificate has been issued to the delivering vessel.

     (b) Vessel hold inspection certificates dated from December 30, 2012, to January 22, 2013, are only valid for the area south of 46°28.00.

     (c) The vessel inspection certificate numbers are recorded on all shellfish tickets completed for coastal Dungeness crab landings through February 28, 2013.

     (2) Notwithstanding the provisions of WAC 220-52-040, it is permissible for a vessel not designated on a Dungeness crab coastal fishery license to transport or deploy up to 250 pots at any one time for deployment in the coastal crab fishery between Klipsan Beach (46°28.00) and the U.S./Canada Border. The primary or alternate operator of the crab pot gear named on the license associated with the gear must be on board the vessel when the gear is being deployed. All other provisions of the permanent rule remain in effect.

     (a) Such a vessel may deploy crab pot gear only during the 64-hour period immediately preceding the season opening date and during the 48-hour period immediately following the season opening date.

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NEW SECTION
WAC 220-52-04600H   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 (46°28.00) to the WA/OR border (46°15.00) and Willapa Bay: Open.

     (2) Temporary pot limits in place in the area between Klipsan Beach (46°28.00) to the WA/OR border (46°15.00) and Willapa Bay are lifted, and fishers may use their entire permanent pot limit starting at 8:00 am on January 21, 2013

     (3) 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.

     (4) Dungeness crab license holders, or any vessel or vessel operator designated on the license that participated 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:

     a. Fishing in the area between Klipsan Beach (46°28.00) and Oysterville (46°33.00) until 8:00 A.M., February 3, 2013.

     b. Fishing in the area between Oysterville (46°33.00) and the U.S./Canada border until 8:00 A.M., February 28, 2013.

     (5) Crab gear may be set in the area between Klipsan Beach (46°28.00) and the U.S./Canada Border, including Grays Harbor, beginning at 8:00 a.m. January 21, 2013.

     (6) It is permissible to pull crab gear in the area between Klipsan Beach and the U.S./Canada Border, including Grays Harbor, beginning at 12:01 a.m. January 24, 2013.

     (7) 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 (47°28.00) 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°25.50 W. Lon.
Southeast Corner

(Copalis River):

 47°08.00 N. Lat. 124°11.20 W. Lon.

     (8) 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:


• Northeast Corner

(Cape Johnson):

 47°58.00' N. Lat. 124° 40.40' W. Lon.
• Northwest Corner: 47°58.00' N. Lat. 124°49.00' W. Lon.
• Southwest Corner: 47°40.50' N. Lat. 124°40.00' W. Lon.
• Southeast Corner (Destruction Island): 47°40.50' N. Lat. 124°24.43' W. Lon.

     (9) 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:


• Northeast Corner (Tatoosh Island)
• Northwest Corner: 48°19.50 N. Lat. 124°50.45 W. Lon.
• Southwest Corner: 48°02.15 N. Lat. 124°50.45 W. Lon.
• Southeast Corner: 48°02.15 N. Lat. 124°41.00 W. Lon.

     (10) 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:
WAC 220-52-04000U Commercial crab fishery. Lawful and Unlawful gear, methods and other unlawful acts. (12-284)
WAC 220-52-04600E Coastal crab seasons (12-284)