WSR 08-07-002

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 08-39 -- Filed March 5, 2008, 2:38 p.m. , effective March 5, 2008, 2:38 p.m. ]


     Effective Date of Rule: Immediately.

     Purpose: Amend commercial fishing rules.

     Citation of Existing Rules Affected by this Order: Repealing WAC 220-52-04000T and 220-52-04600Q; 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: Closed areas represent the intent of 2007-2008 state-tribal management agreements. 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 2.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: March 5, 2008.

J. P. Koenings

Director


NEW SECTION
WAC 220-52-04600T   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) From the Washington/Oregon border to the U.S./Canada border including Grays Harbor, Willapa Bay and the Columbia River are 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.

     (b) The Quileute Special Management Area (SMA) is closed to fishing for Dungeness crab until 8:00 a.m. May 1, 2008. 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
     (2) All other provisions of the permanent rule remain in effect.

[]


REPEALER

     The following sections of the Washington Administrative Code are repealed:
WAC 220-52-04000T Commercial crab fishery. Lawful and unlawful gear, Methods and other unlawful acts. (08-14)
WAC 220-52-04600Q Coastal crab seasons. (08-14)

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