WSR 17-22-078
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 17-298—Filed October 27, 2017, 2:25 p.m., effective October 28, 2017, 6:00 p.m.]
Effective Date of Rule: October 28, 2017, 6:00 p.m.
Purpose: Amends Puget Sound commercial crab rules.
Citation of Rules Affected by this Order: Repealing WAC 220-340-42000E, 220-340-45500C and 220-352-18000B; and amending WAC 220-340-420, 220-340-455, and 220-352-180.
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: The provisions of this rule will close Puget Sound Region 1 as outlined above. This area is closing early to allow for the use of the remaining allocation during a future opener. All remaining Puget Sound commercial crab regions will remain open at a fifty pots per license limit. These provisions are in conformity with agreed management plans with applicable tribes. These management plans were 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 3, Amended 0, Repealed 3.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: October 27, 2017.
J. W. Unsworth
Director
NEW SECTION
WAC 220-340-42000F Commercial crab fisheryUnlawful acts.
Notwithstanding the provisions of WAC 220-340-420:
(1) Effective 6:00 p.m., October 28, 2017, until further notice, it is unlawful for any person to fish for crabs for commercial purposes in Crab Management Regions 1. This region includes Marine Fish-Shellfish Catch Reporting Areas 20A, 20B, 21A, 21B, 22A and 22B.
(2) Effective immediately, until further notice, it is unlawful for any person to fish for crabs with more than 50 pots per license per buoy tag number in Region 2 East, Region 2 West, Region 3-1, Region 3-2, Region 3-3 East or 3-3 West. These regions include Marine Fish-Shellfish Catch Reporting Areas 24A, 24B, 24C, 24D, 25A, 25B, 25D, 25E, 26A East, 26A West. 23A, 23B, 23C and 29.
(3) All remaining buoy tags per license per region must be onboard the designated vessel and available for immediate inspection.
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 220-340-45500D Commercial crab fisherySeasons and areasPuget Sound.
Notwithstanding the provisions of WAC 220-340-455:
(1) Effective immediately, until further notice, it is permissible to fish for Dungeness crab for commercial purposes in the following areas:
Those waters of Marine Fish-Shellfish Management and Catch Reporting Area 26A-W in Useless Bay north and east of a line from the south end of the Double Bluff State Park seawall (47°58.782'N, 122°30.840'W) projected 110 degrees true to the boulder on shore (47°57.690'N, 122°26.742'W).
(2) 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.
(b) Possession Point to Glendale: That portion of Marine Fish-Shellfish Management and Catch Reporting Area 26A east of a line that extends true north from the green #1 buoy at Possession Point to Possession Point, and west of a line from the green #1 buoy at Possession Point extending northward along the 200-foot depth contour to the Glendale dock.
(c) Langley: That portion of Marine Fish-Shellfish Management and Catch Reporting Area 24C shoreward of the 400-foot depth contour within an area described by two lines projected northeasterly from Sandy Point and the entrance to the marina at Langley.
(3) 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 123° 7.0' longitude line projected from the new Dungeness light true 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.
Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.
NEW SECTION
WAC 220-352-18000C Duties of commercial purchasers and receivers.
Notwithstanding the provisions of WAC 220-352-180, effective immediately, 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 business day. Buyers must report 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, and the 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.
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 are repealed effective 6:00 p.m. October 28, 2017:
WAC 220-340-42000E
Commercial crab fisheryUnlawful acts. (17-261)
WAC 220-340-45500C
Commercial crab fisherySeasons and areasPuget Sound. (17-261)
WAC 220-352-18000B
Duties of commercial purchasers and receivers. (17-261)
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.