WSR 17-08-005 EMERGENCY RULES DEPARTMENT OF FISH AND WILDLIFE [Order 17-58—Filed March 23, 2017, 4:35 p.m., effective March 24, 2017, 8:00 a.m.] Effective Date of Rule: March 24, 2017, 8:00 a.m.
Purpose: Amend fishing rules for the Puget Sound commercial crab fishery.
Citation of Existing Rules Affected by this Order: Repealing WAC 220-340-42000B [220-340-42000A] and 220-340-45500B [220-340-45500A]; and amending WAC 220-340-420 and 220-340-455.
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 regulation extends the Region 3-2 fishery starting March 24 through March 26 for the remaining 45,000 pounds of state allocation that remains. This rule will keep the commercial crab harvest open in Regions 1, 3-1 and 3-3 until 8 p.m. March 31. There is sufficient allocation available in these regions to accommodate the continued fishery. This regulation maintains the closure of the fishery in Region 2 East. This regulation will maintain the closure of the commercial crab fishery in Region 2 West. The commercial fishery has reached its current allocation in that region. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 0, Repealed 2.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: March 23, 2017.
J. W. Unsworth
Director
NEW SECTION
WAC 220-340-42000B Commercial crab fishery—Unlawful acts.
Notwithstanding the provisions of WAC 220-340-420:
(1) Effective at 8:00 AM, Friday, March 24, 2017, until 8:00 PM, Sunday, March 26, 2017, it is unlawful for any person to fish for crabs for commercial purposes with more than 30 pots per license per buoy tag number in Crab Management Region 3-2. This region includes Marine Fish-Shellfish Catch Reporting Areas 23D, 25A, and 25E.
(3) Effective immediately, until further notice, it is unlawful for any person to fish for crabs for commercial purposes with more than 75 pots per license per buoy tag number in Crab Management Region 1, and Region 3-3. These regions include Marine Fish-Shellfish Catch Reporting Areas 20A, 20B, 21A, 21B, 22A, 22B, 23C and 29.
(4) 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 Region 3-1. The region includes Marine Fish-Shellfish Catch Reporting Areas 23A, and 23B.
(5) All remaining buoy tags per license per region must be onboard the designated vessel and available for immediate inspection.
(2) Effective at 8:01 PM, Sunday, March 26, 2017, Crab Management Region 3-2 is CLOSED. This region includes Marine Fish-Shellfish Catch Reporting Areas 23D, 25A, and 25E.
(2) Effective at 8:01 PM, Friday, March 31, 2017, Crab Management Region 1, Region 3-1 and Region 3-3 are CLOSED. These regions include Marine Fish-Shellfish Catch Reporting Areas 20A, 20B, 21A, 21B, 22A, 22B, 23A, 23B, 23C and 29.
(6) Effective immediately, until further notice, Crab Management Region 2 East is CLOSED. This region includes Marine Fish-Shellfish Catch Reporting Areas 24A, 24B, 24C, 24D and 26A East.
(7) Effective immediately, until further notice, Crab Management Region 2 West is CLOSED. This region includes Marine Fish-Shellfish Catch Reporting Areas 25B, 25D and 26A West.
Reviser's note: The typographical errors in the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040. NEW SECTION
WAC 220-340-45500B Commercial crab fishery—Seasons and areas—Puget Sound.
Notwithstanding the provisions of WAC 220-340-455:
(1) Effective at 8:00 AM, Tuesday, March 24, 2017, until 8:00 PM, Friday, March 26, 2017, 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 123° 7.0' 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.
REPEALER
The following sections of the Washington Administrative Code are repealed effective 7:59 a.m. March 24, 2017:
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