WSR 14-02-020 EMERGENCY RULES DEPARTMENT OF FISH AND WILDLIFE [Order 13-302—Filed December 20, 2013, 12:06 p.m., effective December 23, 2013, 5:00 p.m.] Effective Date of Rule: December 23, 2013, 5:00 p.m.
Purpose: Amend commercial fishing rules.
Citation of Existing Rules Affected by this Order: Repealing WAC 220-52-04000B and 220-52-04600T; and amending WAC 220-52-040 and 220-52-046.
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: This rule implements the closure of the Region 2 East and Region 2 West on December 23, 2013, at 5:00 p.m. The state will reach its full allocation in both of these regions at that time. This rule also maintains the closure of Region 1 that was implemented on December 4, 2013, at 5:00 p.m. Region[s] 3-1, 3-2 and 3-3 will remain open. There is sufficient allocation available in these commercial regions. These provisions are in conformity with agreed management plans with applicable tribes and 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 0, Repealed 2.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: December 20, 2013.
Philip Anderson
Director
NEW SECTION
WAC 220-52-04000D Commercial crab fishery—Lawful and unlawful gear, methods, and other unlawful acts.
Notwithstanding the provisions of WAC 220-52-040: It is unlawful for any person to use, maintain, operate or control commercial crab gear in 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.
NEW SECTION
WAC 220-52-04600U Puget Sound crab fishery--Seasons and areas.
Notwithstanding the provisions of WAC 220-52-046: (1) The following areas are closed to commercial crab fishing: (a) Effective immediately, until further notice, Crab Management Region 1. This region includes Marine Fish-Shellfish Management and Catch Reporting Areas 20A, 20B, 21A, 21B, 22A, and 22B. (b) Effective 5:00 p.m., Monday, December 23, 2013, until further notice, Crab Management Region 2 East and Region 2 West will be closed. These regions include Marine Fish-Shellfish Management and Catch Reporting Areas 24A, 24B, 24C, 24D, 26A East, 26A West, 25B and 25D. (c) Effective immediately, until further notice, 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. (d) Effective immediately, until further notice, 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 5:00 p.m. December 23, 2013:
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