WSR 15-19-044
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 15-326—Filed September 10, 2015, 3:50 p.m., effective September 10, 2015, 3:50 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 220-52-04400A, 220-52-04400B and 220-52-04500K; and amending WAC 220-52-044.
Statutory Authority for Adoption: RCW 77.04.012, 77.04.020, and 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: In order to protect crab during the typical fall molting period and to meet the stipulations found in state tribal agreements it is necessary to close the commercial crab fishery. Washington department of fish and wildlife permitted gear recovery is allowed by permanent regulation fifteen days following the close of the commercial season to allow fish and wildlife officers time to enforce rules relative to fishing during the closed season. An earlier start to the permitted gear recovery gives participants more time to recover lost gear before weather conditions become prohibitive to safe gear recovery efforts. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 3.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: September 10, 2015.
James B. Scott, Jr.
for J. W. Unsworth
Director
NEW SECTION
WAC 220-52-04400B Coastal crab fisheryCoastal crab gear recovery permit.
Notwithstanding the provisions of WAC 220-52-044:
(1) Effective immediately until 11:59 PM October 31, 2015, a coastal crab gear recovery permit may be granted by the director or the director's designee for licensed coastal Dungeness crab fishers to recover crab pots belonging to state licensed fishers that remain in the ocean in the coastal waters between the Washington/Oregon border (46⁰15.00) and Point Chehalis, Washington (46⁰53.18), including the Columbia River and Willapa Bay.
(2) Effective 12:01 am September 21, 2015 until 11:59 PM October 31, 2015, a coastal crab gear recovery permit may be granted by the director or the director's designee for licensed coastal Dungeness crab fishers to recover crab pots belonging to state licensed fishers that remain in the ocean in the coastal waters between the Washington/Oregon border (46⁰15.00) and the US/Canada border, including the Columbia River, Willapa Bay and Grays Harbor.
(3) No crab may be retained on any vessel engaged in permitted gear recovery activities or while recovered gear is on board the vessel.
REPEALER
The following section of the Washington Administrative Code is repealed:
WAC 220-52-04400A
Coastal crab fisheryCoastal crab gear recovery permit. (15-315)
The following section of the Washington Administrative Code is repealed effective 11:59 p.m. September 15, 2015:
WAC 220-52-04500K
Commercial crab fisherySeasons and areasCoastal. (15-295)
The following section of the Washington Administrative Code is repealed effective November 1, 2015:
WAC 220-52-04400B
Coastal crab fisheryCoastal crab gear recovery permit.