WSR 17-02-002 EMERGENCY RULES DEPARTMENT OF FISH AND WILDLIFE [Order 16-324—Filed December 21, 2016, 4:03 p.m., effective December 21, 2016, 5:00 p.m.] Effective Date of Rule: December 21, 2016, 5:00 p.m.
Purpose: Amend Puget Sound commercial crab fishing rules.
Citation of Existing Rules Affected by this Order: Repealing WAC 220-52-04000X and 220-52-04600W; and amending WAC 220-52-040 and 220-52-046.
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: The provisions of this rule will keep the commercial crab harvest open in Region 1, Region 2 East and Region 3-1. There is sufficient allocation available in these regions to accommodate the continued fishery. The regulation will close the commercial crab fishery in Region 2 West, followed shortly thereafter by Region 3-2. The commercial fishery will reach its current allocation in these regions on the dates specified above. These provisions are in conformity with agreed management plans with applicable tribes. These management plans are entered into as required by court order. The Puget Sound commercial season is structured to meet harvest allocation objectives negotiated with applicable treaty tribes and outlined in the management plans. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 0, Repealed 2.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: December 21, 2016.
J. W. Unsworth
Director
NEW SECTION
WAC 220-52-04000Y Commercial crab fishery—Lawful and unlawful gear, methods, and other unlawful acts.
Notwithstanding the provisions of WAC 220-52-040:
(1) Effective immediately, until further notice, it is unlawful for any person to fish for crabs for commercial purposes with more than 50 pots per license per buoy tag number in Crab Management Regions 1, Region 2 East, Region 3-1 or Region 3-3. These regions include Marine Fish-Shellfish Catch Reporting Areas 20A, 20B, 21A, 21B, 22A, 22B, 24A, 24B, 24C, 24D, 26A East, 23A, 23B, 23C and 29.
(2) All remaining buoy tags per license per region must be onboard the designated vessel and available for inspection.
(3) Effective 5:00 p.m. December 21, 2016, until further notice, Crab Management Region 2 West is CLOSED. This region includes Marine Fish-Shellfish Catch Reporting Areas 25B, 25D and 26A West.
(4) Effective 5:00 p.m. December 21, 2016, until further notice, Crab Management Region 3-2 is CLOSED. This region includes Marine Fish-Shellfish Catch Reporting Areas 23B, 25A, and 25E.
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 220-52-04600X Puget Sound crab fishery—Seasons and areas.
Notwithstanding the provisions of WAC 220-52-046:
(1) Effective immediately, until further notice, it is permissible to fish for Dungeness crab for commercial purposes in the following areas:
(a) Port Gardner: That portion of Marine Fish-Shellfish Catch Reporting Area 26A east of a line projected from the outermost tip of the ferry dock at Mukilteo, projected to the green #3 buoy at the mouth of the Snohomish River, and west of a line projected from that #3 buoy southward to the oil boom pier on the shoreline.
(2) Effective immediately, until further notice, the following areas are closed to commercial crab fishing:
(a) That portion of Marine Fish-Shellfish Management and Catch Reporting Area 25A west of the 123o7.0' longitude line projected from the new Dungeness light due south to the shore of Dungeness Bay.
(b) That portion of Marine Fish-Shellfish Management and Catch Reporting Area 23D west of a line from the eastern tip of Ediz Hook to the ITT Rayonier Dock.
(c) Those waters of Marine Fish-Shellfish Management and Catch Reporting Area 24A east of a line projected true north from the most westerly tip of Skagit Island and extending south to the most westerly tip of Hope Island, thence southeast to Seal Rocks, thence southeast to the green can buoy at the mouth of Swinomish Channel, thence easterly to the west side of Goat Island.
REPEALER
The following sections of the Washington Administrative code are repealed effective 5:00 p.m. December 21, 2016:
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