WSR 15-21-036 EMERGENCY RULES DEPARTMENT OF FISH AND WILDLIFE [Order 15-384—Filed October 15, 2015, 2:04 p.m., effective October 18, 2015]
Effective Date of Rule: October 18, 2015.
Purpose: Amend Puget Sound commercial crab fishing rules.
Citation of Existing Rules Affected by this Order: Repealing WAC 220-52-04000F and 220-52-04600M; and amending WAC 220-52-040 and 220-52-046.
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 maintain openings for commercial harvest in certain areas of Puget Sound. There is sufficient state commercial allocation available in Region 1, Region 3-1 and Region 3-3 to remain open. Both Region 2 East and Region 2 West have reached the current state commercial allocation and are closed. Region 3-2 will reach the current state commercial allocation on October 18 and will be closed at that time. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 0, Repealed 2.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: October 15, 2015.
James B. Scott, Jr.
for J. W. Unsworth
Director
NEW SECTION
WAC 220-52-04000G Commercial crab fishery—Lawful and unlawful gear, methods, and other unlawful acts.
Notwithstanding the provisions of WAC 220-52-040:
(1) Effective 6:00 p.m., Sunday, October 18, 2015, 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 Regions 1 or Region 3-1. These regions include Marine Fish-Shellfish Catch Reporting Areas 20A, 20B, 21A, 21B, 22A, 22B, 23A and 23B.
(2) The remaining buoy tags per license per region must be onboard the designated vessel and available for inspection.
(3) Effective immediately until further notice, Region 2 East and Region 2 West are closed. Region 2 East includes Marine Fish-Shellfish Catch Reporting Areas 24A, 24B, 24C, 24D and 26A-E. Region 2 West includes Marine Fish-Shellfish Catch Reporting Areas 25B, 25D and 26A-W.
(4) Effective 6:00 p.m., Sunday, October 18, 2015, until further notice Region 3-2 will be closed. Region 3-2 includes Marine Fish-Shellfish Catch Reporting Areas 23D, 25A and 25E.
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. NEW SECTION
WAC 220-52-04600N Puget Sound crab fishery—Seasons and areas.
Notwithstanding the provisions of WAC 220-52-046, effective 6:00 p.m., Sunday, October 18, 2015, until further notice, it is permissible to fish for Dungeness crab for commercial purposes in the following areas:
(1) Those waters of Marine Fish-Shellfish Management and Catch Reporting Area 20A between a line from the boat ramp at the western boundary of Birch Bay State Park to the western point of the entrance of the Birch Bay Marina and a line from the same boat ramp to Birch Point.
(2) Those waters of Marine Fish-Shellfish Management and Catch Reporting Area 22B in Fidalgo Bay south of a line projected from the red number 4 entrance buoy at Cape Sante Marina to the northern end of the eastern most oil dock.
(3) Those waters of Marine Fish-Shellfish Management and Catch Reporting Area 22A in Deer Harbor north of a line projected from Steep Point to Pole Pass.
REPEALER
The following sections of the Washington Administrative Code are repealed effective 6:00 p.m. October 18, 2015:
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