WSR 16-07-062 EMERGENCY RULES DEPARTMENT OF
FISH AND WILDLIFE
[Order 16-48—Filed March 15, 2016, 12:08 p.m., effective March 15, 2017 [2016], 7:30 p.m.] Effective Date of Rule: March 15, 2017 [2016], 7:30 p.m.
Purpose: Amend Puget Sound commercial crab fishing rules.
Citation of Existing Rules Affected by this Order: Repealing WAC 220-52-04000M and 220-52-04000N; 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 regulation increase pot limits in Region 1 to 100 pots per license on March 16 at 7:00 a.m. The provisions of this rule will close Region 3-1 and 3-3 on March 15. This rule will also close the by-catch allowance for Tanner crabs in Region 3-1 on March 15. The provisions of this rule will maintain the closure for commercial harvest in Region 2 East, Region 2 West and Region 3-2. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 0, Repealed 2.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: March 15, 2017 [2016].
J. W. Unsworth
Director
NEW SECTION
WAC 220-52-04000P Commercial crab fishery—Lawful and unlawful gear, methods, and other unlawful acts.
Notwithstanding the provisions of WAC 220-52-040:
(1) Effective immediately, until 7:30 PM, March 15, 2016, it is unlawful for any person to fish for crabs for commercial purposes with more than 75 pots per license per buoy tag number in Crab Management Region 1. Region 1 includes Marine Fish-Shellfish Catch Reporting Areas 20A, 20B, 21A, 21B, 22A and 22B.
(2) Effective immediately, until 7:30 PM, March 15, 2016, 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 3-1. Region 3-1 includes Marine Fish-Shellfish Catch Reporting Areas 23A and 23B.
(3) The remaining buoy tags per license per region must be onboard the designated vessel and available for inspection.
(4) Effective 7:30 PM, March 15, 2016, until further notice, Crab Management Region 3-1 and Region 3-3 are closed. Region 3-1 includes all waters of Marine Fish-Shellfish Management and Catch Reporting Areas 23A and 23B. Region 3-3 includes all waters of Marine Fish-Shellfish Management and Catch Reporting Areas 23C and 29.
(5) Effective immediately, 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.
(6) Effective immediately, until further notice, Crab Management Region 3-2 is closed. Region 3-2 includes all waters of Marine Fish-Shellfish Management and Catch Reporting Areas 25E, 25A and 23D.
NEW SECTION
WAC 220-52-04000Q Commercial crab fishery—Unlawful acts.
Notwithstanding the provisions of WAC 220-52-040, WAC 220-52-043 and WAC 220-52-046, effective 8:00 a.m. February 5, 2015, until further notice, incidental catch may not be retained. It is unlawful to retain salmon, food fish, or any shellfish other than octopus and Tanner crabs (Chionoecetes spp.) that is taken incidental to any commercial crab fishing. Additionally, Tanner crabs may only be retained in Crab Region 1 (defined as all waters of Marine Fish-Shellfish Management and Catch Reporting Areas 20A, 20B, 21A, 21B, 22A, and 22B). Tanner crabs retained must be males with a minimum width of 4.5 inches across the widest point in the carapace.
REPEALER
The following sections of the Washington Administrative Code are repealed effective 7:30 p.m. March 15, 2016:
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