WSR 14-23-045 EMERGENCY RULES DEPARTMENT OF FISH AND WILDLIFE [Order 14-327—Filed November 13, 2014, 2:31 p.m., effective November 16, 2014, 6:00 p.m.] Effective Date of Rule: November 16, 2014, 6:00 p.m.
Purpose: Amend commercial fishing rules.
Citation of Existing Rules Affected by this Order: Repealing WAC 220-52-04000Q and 220-52-04600D; and amending WAC 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 emergency rule closes Regions 3-1, 3-2 and 3-3. The state will be approaching its initial allocation in Region 3-2 by the date of the closure. Regions 3-1 and 3-3 are closing on recommendation of the industry. Regions 1, 2-east and 2-west were closed by a previous emergency rule and will remain closed as part of this emergency rule. This emergency rule conforms to agreed management plans with applicable tribes, 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 2.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: November 13, 2014.
Joe Stohr
for Philip Anderson
Director
NEW SECTION
WAC 220-52-04600E Puget Sound crab fishery—Seasons and areas.
Notwithstanding the provisions of WAC 220-52-046, effective 6:00 p.m. November 16, 2014, until further notice it is unlawful to fish for crab for commercial purposes in the areas listed below:
(1) Crab Management Region 3-1, 3-2 and 3-3.
(a) Region 3-1 includes Marine Fish-Shellfish Management and Catch Reporting Areas 23A and 23B.
(b) Region 3-2 includes Marine Fish-Shellfish Management and Catch Reporting Areas 23D, 25A and 25E.
(c) Region 3-3 includes Marine Fish-Shellfish Management and Catch Reporting Areas 23C and 29.
(2) Crab Management Region 1. Region 1 includes Marine Fish-Shellfish Management and Catch Reporting Areas 20A, 20B, 21A, 21B, 22A and 22B.
(3) Crab Management Regions 2-east and 2-west.
(a) Region 2-east includes Marine Fish-Shellfish Management and Catch Reporting Areas 24A, 24B, 24C, 24D, and 26A-E.
(b) Region 2-west includes Marine Fish-Shellfish Management and Catch Reporting Areas 25B, 25D, and 26A-West.
REPEALER
The following sections of the Washington Administrative code are repealed effective 6:00 p.m. November 16, 2014:
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