WSR 17-13-044 EMERGENCY RULES DEPARTMENT OF FISH AND WILDLIFE [Order 17-122—Filed June 14, 2017, 1:22 p.m., effective June 16, 2017] Effective Date of Rule: June 16, 2016 [2017].
Purpose: Amend Puget Sound recreational crab fishing rules.
Citation of Existing Rules Affected by this Order: Repealing WAC 220-330-04000A; and amending WAC 220-330-040.
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 is needed to open the recreational crab harvest in the marine areas listed to achieve the 50/50 harvest defined by the federal court order. Recreational crab fisheries will open at 12:01 a.m. on the first day instead of 7:00 a.m. in each of the marine areas as stipulated by the permanent rule. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: June 14, 2017.
Joe Stohr
for J. W. Unsworth
Director
NEW SECTION
WAC 220-330-04000A Crab—Areas and seasons.
Notwithstanding the provisions of WAC 220-330-040, effective immediately until further notice, it is unlawful to fish for crab for personal use in Puget Sound in all waters of Marine Areas, 4 east of the Bonilla-Tatoosh line, 5, 6, 7, 8-1, 8-2, 9, 10, 11, 12 and 13, except as provided herein;
(1) Marine Areas 4 east of the Bonilla-Tatoosh line, 5, and 11: Effective 12:01 a.m. June 16, 2017, through 11:59 p.m. September 4, 2017, it is permissible to fish for crab for personal use on Thursdays, Fridays, Saturdays, Sundays and Mondays.
(2) That portion of Marine Area 9 north of the Hood Canal Bridge to a line connecting Foulweather Bluff to Olele Point: Effective 12:01 a.m. June 24, 2017, through 11:59 p.m. September 4, 2017, it is permissible to fish for crab for personal use on Thursdays, Fridays, Saturdays, Sundays and Mondays.
(3) Marine Area 12: Effective 12:01 a.m. June 24, 2017, through 11:59 p.m. September 4, 2017, it is permissible to fish for crab for personal use on Thursdays, Fridays, Saturdays, Sundays and Mondays.
(4) That portion of Marine Area 9 except the area described in (2) above: Effective 12:01 a.m. July 1, 2017, through 11:59 p.m. September 4, 2017, it is permissible to fish for crab for personal use on Thursdays, Fridays, Saturdays, Sundays and Mondays.
(5) Marine Areas 6, 8-1, 8-2, 10, and 13: Effective 12:01 a.m. July 1, 2017, through 11:59 p.m. September 4, 2017, it is permissible to fish for crab for personal use on Thursdays, Fridays, Saturdays, Sundays and Mondays.
(6) Those waters of Marine Area 7 south and west of a line projected from Village Point, Lummi Island, through the navigation buoy just east of Matia Island, thence to the buoy at Clements Reef, thence to the easternmost point of Patos Island, thence running along the northern shore of Patos Island to the westernmost point of Patos Island, thence true west to the international boundary and south of a line that extends from Point Francis on Portage Island, through the marker just north of Inati Bay on Lummi Island to Lummi Island: Effective 12:01 a.m. July 15, 2017, through 11:59 p.m. September 30, 2017, it is permissible to fish for crab for personal use on Thursdays, Fridays, Saturdays, Sundays and Mondays.
(7) Those waters of Marine Area 7 north and east of a line projected from Village Point, Lummi Island through the navigation buoy just east of Matia Island thence to the buoy at Clements Reef thence to the easternmost point of Patos Island, running along the northern shoreline of Patos Island and from the westernmost point of Patos Island true west to the international boundary and north of a line that extends from Point Francis on Portage Island, through the marker just north of Inati Bay on Lummi Island to Lummi Island: Effective 12:01 a.m. August 17, 2017, through 11:59 p.m. September 30, 2017, it is permissible to fish for crab for personal use on Thursdays, Fridays, Saturdays, Sundays and Mondays.
REPEALER
The following section of the Washington Administrative Code is repealed effective October 1, 2017:
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