WSR 20-02-002
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 19-315—Filed December 18, 2019, 3:06 p.m., effective December 20, 2019]
Effective Date of Rule: December 20, 2019.
Purpose: Amends recreational crab rules for Puget Sound.
Citation of Rules Affected by this Order: Repealing WAC 220-330-04000J, 220-330-04000K, 220-310-02000A and 220-310-02000B; and amending WAC 220-330-040 and 220-310-020.
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 majority of the Hood Canal Crab Management Region. The area being opened includes Marine Area 12 north of Ayock Point and Marine Area 9 between the Hood Canal Bridge to a line connecting Foulweather Bluff to Olele Point. Earlier this winter comanagers agreed to increase the state and tribal harvest shares in Marine Areas 8-1 and 8-2. Comanagers have now agreed to increase the state and tribal harvest shares in Marine Area 9 between the Hood Canal Bridge to a line connecting Foulweather Bluff to Olele Point and Marine Area 12, allowing the winter recreational fishery to be extended through January 31, 2020. Comanagers have agreed to continue the closure of Marine Area 12 south of Ayock Point which has been in effect since summer 2019.
Comanagers have also agreed to waive the requirement to record retained Dungeness crab on a valid catch record card in Marine Areas 8-1, 8-2, 9 between the Hood Canal Bridge to a line connecting Foulweather Bluff to Olele Point, and 12 north of Ayock Point during January 2020. Instead, the average monthly recreational harvest for winter during the last three seasons will be used as the January recreational harvest estimate. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 2, Amended 0, Repealed 4.
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 18, 2019.
Kelly Susewind
Director
NEW SECTION
WAC 220-330-04000KCrab—Areas and seasons—Personal use.
Notwithstanding the provisions of WAC 220-330-040, effective December 20, 2019 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 Area 4 east of the Bonilla-Tatoosh line, Marine Area 5, Marine Area 6, Marine Area 7, and Marine Area 9 except those waters between the Hood Canal Bridge to a line connecting Foulweather Bluff to Olele Point are open to fish for crab for personal use through December 31, 2019.
2) Marine Area 8-1, Marine Area 8-2, that portion of Marine Area 9 between the Hood Canal Bridge to a line connecting Foulweather Bluff to Olele Point, and that portion of Marine Area 12 north of a line projected due east from Ayock Point are open to fish for crab for personal use through January 31, 2020.
[NEW SECTION]
WAC 220-310-02000BCatch record cards.
Notwithstanding the provisions of WAC 220-310-020, effective January 1, 2020 through January 31, 2020 anglers will not be required to have a valid and appropriate Puget Sound Dungeness crab catch record card as described in WAC 220-310-010 to fish for or possess for personal use, Dungeness crab in Marine Areas 8-1, 8-2, 9 between the Hood Canal Bridge to a line connecting Foulweather Bluff to Olele Point, and 12 north of a line projected due east from Ayock Point. Accordingly, anglers will also not be required to record any retained Dungeness crab on a Catch Record Card from these areas from January 1 through January 31, 2020.
Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.
REPEALER
The following sections of the Washington Administrative Code are repealed effective December 20, 2019:
WAC 220-330-04000J | Crab—Areas and seasons—Personal use. (19-306) |
WAC 220-310-02000A | Catch record cards (19-306) |
The following sections of the Washington Administrative Code are repealed effective February 1, 2020:
WAC 220-330-04000K | Crab—Areas and seasons—Personal use. |
WAC 220-310-02000B | Catch record cards |