WSR 16-02-027 EMERGENCY RULES DEPARTMENT OF
FISH AND WILDLIFE
[Order 15-453—Filed December 29, 2015, 2:33 p.m., effective December 29, 2015, 2:33 p.m.] Effective Date of Rule: Immediately upon filing.
Purpose: Amend Puget Sound commercial crab fishing rules.
Citation of Existing Rules Affected by this Order: Repealing WAC 220-52-04000J; and amending WAC 220-52-040.
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 the closure date and time for the commercial harvest in Region 2 East and Region 2 West. Landings in Region 3-2 were higher than anticipated, resulting in the need to update the closure date in that region. We will reach the agreed allocation in all of these regions at the date and times specified in this emergency rule. There is sufficient allocation in Region 1, Region 3-1 and Region 3-3 for them to remain open. These provisions are in conformity with agreed management plans and addendums 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 29, 2015.
J. W. Unsworth
Director
NEW SECTION
WAC 220-52-04000K Commercial crab fishery—Lawful and unlawful gear, methods, and other unlawful acts.
Notwithstanding the provisions of WAC 220-52-040:
(1) Effective immediately, 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 Region 1 and Region 3-1. Region 1 includes Marine Fish-Shellfish Catch Reporting Areas 20A, 20B, 21A, 21B, 22A and 22B. Region 3-1 includes Marine Fish-Shellfish Catch Reporting Areas 23A and 23B.
(2) Effective immediately, until 6:00 p.m., December 30, 2015 it is unlawful for any person to fish for crabs for commercial purposes with more than 30 pots per license per buoy tag number in Crab Management Region 3-2. Region 3-2 includes Marine Fish-Shellfish Catch Reporting Areas 25E, 25A and 23D.
(3) The remaining buoy tags per license per region must be onboard the designated vessel and available for inspection.
(4) Effective 6:00 p.m., December 29, 2015, and until further notice, Crab Management Region 2 East and Region 2 West are closed. Region 2 East includes all waters of Marine Fish-Shellfish Management and Catch Reporting Areas 24A, 24B, 24C, 24D and 26A East. Region 2 West includes all waters of Marine Fish-Shellfish Management and Catch Reporting Areas 25D, 25B and 26A West.
(5) Effective 6:00 p.m., December 30, 2015, until further notice, Crab Management Region 3-2 will be closed. Region 3-2 includes all waters of Marine Fish-Shellfish Management and Catch Reporting Areas 25E, 25A and 23D.
(6) Additional area gear limits. The following Marine Fish-Shellfish Management and Catch Reporting Areas are restricted in the number of pots fished, operated, or used by a person or vessel, and it is unlawful for any person to use, maintain, operate, or control pots in excess of the following limits: No commercial gear is allowed 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.
REPEALER
The following section of the Washington Administrative code is repealed:
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