WSR 17-03-068 EMERGENCY RULES DEPARTMENT OF FISH AND WILDLIFE [Order 17-08—Filed January 10, 2017, 4:06 p.m., effective January 10, 2017, 4:06 p.m.] Effective Date of Rule: Immediately upon filing.
Purpose: Amend coastal commercial crab fishing rules.
Citation of Existing Rules Affected by this Order: Repealing WAC 220-52-04500T; and amending WAC 220-52-045.
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: Provisions in state/tribal management agreements 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. A delay due to elevated marine toxins aligns with the tri-state crab agreement and similar rules in Oregon and California. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: January 10, 2017.
J. W. Unsworth
Director
NEW SECTION
WAC 220-52-04500U Commercial crab fishery—Seasons and areas—Coastal.
Notwithstanding the provisions of WAC 220-52-045, 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 in this section.
(1) Open area: The area from the Queets River (47º31.70), Washington to the WA/OR border (46º15.00) and Grays Harbor and Willapa Bay.
(a) 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.
(b) 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 (46º28.00), including Willapa Bay, before January 7, 2017, are prohibited from fishing in the following areas for the durations specified:
(c) The waters between Klipsan Beach (46º28.00) and Oysterville (46º33.00) until 8:00 a.m. January 17, 2017; and
(d) The waters between Oysterville (46º33.00) and the U.S. Canadian border until 8:00 a.m. February 11, 2017.
(2) For waters of the Pacific Ocean north of Point Arena, California, it is unlawful for a person to use a vessel to fish in any area where the season opening is delayed due to marine toxins for the first 30 days following the opening of the area if the vessel was employed in the coastal crab fishery during the previous 45 days.
(3) It is permissible to set crab gear in the area between the Queets River (47º31.70), Washington and the U.S./Canada border, beginning at 8:00 a.m. January 12, 2017.
(4) It is permissible to pull crab gear in the area between the Queets River (47º31.70), Washington and the U.S./Canada border, beginning at 12:01 a.m. January 15, 2017.
(5) 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:
(a) Northeast Corner (Raft River): 47º28.00 N. Lat. 124º20.70 W. Lon.
(b) Northwest Corner: 47º28.00 N. Lat. 124º34.00 W. Lon.
(c) Southwest Corner: 47º08.00 N. Lat. 124º25.50 W. Lon.
(d) Southeast Corner (Copalis River): 47º08.00 N. Lat. 124º11.20 W. Lon.
(6) 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): 47º58.00' N. Lat. 124º40.40' W. Lon.
(b) Northwest Corner: 47º58.00' N. Lat. 124º49.00' W. Lon.
(c) Southwest Corner: 47º40.50' N. Lat. 124º40.00' W. Lon.
(d) Southeast Corner (Destruction Island): 47º40.50' N. Lat. 124º24.43' W. Lon.
(7) The Makah special management area (SMA) is closed to fishing until further notice. The 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:
(a) Northeast Corner (Tatoosh Island)
(b) Northwest Corner: 48º19.50 N. Lat. 124º50.45 W. Lon.
(c) Southwest Corner: 48º02.15 N. Lat. 124º50.45 W. Lon.
(d) Southeast Corner: 48º02.15 N. Lat. 124º41.00 W. Lon.
(8) All other provisions of the permanent rule remain in effect.
REPEALER
The following section of the Washington Administrative Code is repealed:
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