WSR 16-12-095
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 16-129—Filed May 31, 2016, 2:23 p.m., effective May 31, 2016, 2:23 p.m.]
Effective Date of Rule: Immediately upon filing.
Purpose: Amend Puget Sound recreational crab fishing rules.
Citation of Existing Rules Affected by this Order: Repealing WAC 220-56-33000Y and 220-56-33000Z; and amending WAC 220-56-330.
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: An emergency rule is needed to open the recreational crab harvest in Marine Areas 4 east of the Bonilla-Tatoosh Line, 5, 12, 13 and a portion of Marine Area 9 to achieve the 50/50 harvest defined by the federal court order. Recreational crab fisheries will open at 6:00 a.m. on the first day instead of 7:00 a.m. in each of the marine areas. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 2.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: May 31, 2016.
J. W. Unsworth
Director
NEW SECTION
WAC 220-56-33000Z CrabAreas and seasons.
Notwithstanding the provisions of WAC 220-56-330, effective immediately until further notice, it is unlawful to fish for crab for personal use in Puget Sound in all waters of Marine Areas, 4, 5, 6, 7, 8-1, 8-2, 9, 10, 11, 12 and 13, except as provided herein;
(1) Marine Area 13: Effective 6:00 a.m. June 2, 2016, through 11:59 p.m. September 5, 2016, it is permissible to fish for crab for personal use on Thursdays, Fridays, Saturdays, Sundays and Mondays.
(2) Marine Area 4 east of the Bonilla-Tatoosh line, Marine Area 5, that portion of Marine Area 9 north of the Hood Canal Bridge to a line connecting Foulweather Bluff to Olele Point, and Marine Area 12: Effective 6:00 a.m. June 16, 2016, through 11:59 p.m. September 5, 2016, it is permissible to fish for crab for personal use on Thursdays, Fridays, Saturdays, Sundays and Mondays.
REPEALER
The following section of the Washington Administrative Code is repealed:
WAC 220-56-33000Y
[CrabAreas and seasons.] (16-124)
The following section of the Washington Administrative Code is repealed effective September 6, 2016:
WAC 220-56-33000Z
CrabAreas and seasons.
Reviser's note: The bracketed material above was supplied by the code reviser's office.