WSR 16-14-043 EMERGENCY RULES DEPARTMENT OF FISH AND WILDLIFE [Order 16-163—Filed June 28, 2016, 1:41 p.m., effective July 1, 2016] Effective Date of Rule: July 1, 2016.
Purpose: Amend Puget Sound recreational crab fishing rules.
Citation of Existing Rules Affected by this Order: Amending WAC 220-12-020 and 220-56-335.
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 allow retention of Tanner crabs in Puget Sound. The current classified species list only names Chionoecetes tanneri. Surveys indicate that the species encountered by both commercial and recreational crabbers in Puget Sound is in fact Chionoecetes bairdi. Sampling within Puget Sound and adjacent waters of British Columbia indicates that a minimum size of 4.5 inches is appropriate. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: June 28, 2016.
Ron Warren
for J. W. Unsworth
Director
NEW SECTION
WAC 220-12-02000C Shellfish—Classification.
Notwithstanding the provisions of WAC 220-12-020, effective July 1, 2016, until further notice, the following species group is classified as shellfish under RCW 77.12.047 and is subject to the provisions of this title:
Crab
Tanner crab Chionoecetes spp.
NEW SECTION
WAC 220-56-33500A Crab—Unlawful acts—Personal use.
Notwithstanding the provisions of WAC 220-56-335, effective July 1, 2016, until further notice, it is unlawful to take or possess any Tanner crabs for personal use measuring less than 4.5 inches across the widest point of the carapace (shell).
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