WSR 16-08-003
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 16-56—Filed March 23, 2016, 5:13 p.m., effective March 27, 2016, 7:30 p.m.]
Effective Date of Rule: March 27, 2016, 7:30 p.m.
Purpose: Amend fishing rules for the Puget Sound commercial crab fishery.
Citation of Existing Rules Affected by this Order: Repealing WAC 220-52-04000R, 220-52-04000S, 220-12-02000B, 220-52-04600R and 220-69-24000Q; 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 the commercial crab fishery in Region 1 and continues the closure of the commercial crab fishery in Region 2 West, Region 2 East, Region 3-1, Region 3-2 and Region 3-3. The state has reached the full allocation in all commercial regions. Also ends the provisions for commercial by-catch of Tanner crabs. These provisions are in conformity with 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 5.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 23, 2016.
Joe Stohr
for J. W. Unsworth
Director
NEW SECTION
WAC 220-52-04600S Puget Sound crab fisherySeasons and areas.
Notwithstanding the provisions of WAC 220-52-046:
(1) Effective 7:30 p.m. March 27, 2016, Crab Management Region 1 is closed. Region 1 includes all waters of Marine Fish-Shellfish Management and Catch Reporting Areas 20A, 20B, 21A, 21B, 22A and 22B.
(2) Effective immediately, until further notice, the following areas are closed to commercial crab fishing:
(a) All of Crab Management Region 2 East. Region 2 East includes all waters of Marine Fish-Shellfish Management and Catch Reporting Areas 24A, 24B, 24C, 24D and 26A East.
(b) All of Crab Management Region 2 West. Region 2 West includes all waters of Marine Fish-Shellfish Management and Catch Reporting Areas 25B, 25D and 26A West.
(c) All of Crab Management Region 3-1. Region 3-1 includes all waters of Marine Fish-Shellfish Management and Catch Reporting Areas 23A and 23B.
(d) All of Crab Management Region 3-2. Region 3-2 includes all waters of Marine Fish-Shellfish Management and Catch Reporting Areas 23D, 25A and 25E.
(e) All of Crab Management Region 3-3. Region 3-3 includes all waters of Marine Fish-Shellfish Management and Catch Reporting Areas 23C and 29.
REPEALER
The following sections of the Washington Administrative code are repealed effective 7:30 p.m. March 27, 2016:
WAC 220-52-04000R
Commercial crab fisheryLawful and unlawful gear, methods, and other unlawful acts (16-51)
WAC 220-52-04000S
Commercial crab fisheryUnlawful acts. (16-51)
WAC 220-12-02000B
ShellfishClassification. (16-21)
WAC 220-52-04600R
Puget Sound crab fisherySeasons and areas (15-451)
The following section of the Washington Administrative code is repealed effective 11:59 p.m. March 31, 2016:
WAC 220-69-24000Q
Duties of commercial purchasers and receivers. (16-21)