WSR 16-05-017 EMERGENCY RULES DEPARTMENT OF FISH AND WILDLIFE [Order 16-21—Filed February 5, 2016, 12:11 p.m., effective February 9, 2016, 8:00 a.m.] Effective Date of Rule: February 9, 2016, 8:00 a.m.
Purpose: Amend Puget Sound commercial crab fishing rules.
Citation of Existing Rules Affected by this Order: Repealing WAC 220-69-24000P; and amending WAC 220-52-040, 220-12-020, and 220-69-240.
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 emergency rule will allow the retention of Tanner crab as incidentally caught in the Puget Sound commercial Dungeness crab fishery. Only male Tanner crab with a carapace width of 4.5 inches or more may be retained. Surveys by state and treaty biologists have determined that nearly all Tanner crabs encountered in Puget Sound are Chionoecetes bairdi and not Chionoecetes tanneri as indicated in the permanent rule. Due to this finding, an adjustment has been made to WAC 220-12-020 in order to correct this error. These provisions are in conformity with agreed management plans with applicable tribes, entered into as required by court order. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 3, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: February 5, 2016.
J. W. Unsworth
Director
NEW SECTION
WAC 220-52-04000M Commercial crab fishery—Unlawful acts.
Notwithstanding the provisions of WAC 220-52-040, WAC 220-52-043 and WAC 220-52-046, effective 8:00 a.m. February 9, 2016, until further notice, incidental catch may not be retained. It is unlawful to retain salmon, food fish, or any shellfish other than octopus and Tanner crabs (Chionoecetes spp.) that is taken incidental to any commercial crab fishing. Additionally, Tanner crabs may only be retained in Crab Region 1 (defined as all waters of Marine Fish-Shellfish Management and Catch Reporting Areas 20A, 20B, 21A, 21B, 22A, and 22B) and Crab Region 3-1 (defined as all waters of Marine Fish-Shellfish Management and Catch Reporting Areas 23A and 23B.) Tanner crabs retained must be males with a minimum width of 4.5 inches across the widest point in the carapace.
NEW SECTION
WAC 220-12-02000B Shellfish—Classification.
Notwithstanding the provisions of WAC 220-12-020, effective 8:00 a.m. February 9, 2016, until further notice, the following species is classified as shellfish under RCW 77.12.047 and is subject to the provisions of this title:
Crab
Tanner crab Chionoecetes spp.
NEW SECTION
WAC 220-69-24000Q Duties of commercial purchasers and receivers.
Notwithstanding the provisions of WAC 220-69-240, effective at 8:00 am, February 9, 2016, until further notice, it is unlawful for any wholesale dealer acting in the capacity of an original receiver of Dungeness crab taken by non-treaty fishers from Puget Sound, to fail to report to the department the previous day's purchases by 10:00 a.m. the following day. Reports must be made by fax to (425) 338-1066 or by e-mail at crabreport@dfw.wa.gov, and must specify the dealer name, dealer phone number, date of delivery of crab to the original receiver, total number of pounds of crab caught by non-treaty fishers, by Crab Management Region or by Marine Fish-Shellfish Management and Catch Reporting Area. This rule also applies to the incidental take of Tanner crabs (Chionoecetes spp.) during the Dungeness crab fishery.
Reviser's note: The unnecessary underscoring 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 section of the Washington Administrative code is repealed effective 8:00 a.m. February 9, 2016:
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