WSR 16-22-032 EMERGENCY RULES DEPARTMENT OF FISH AND WILDLIFE [Order 16-293—Filed October 25, 2016, 2:39 p.m., effective October 28, 2016, 6:30 p.m.] Effective Date of Rule: October 28, 2016, 6:30 p.m.
Purpose: Amend Puget Sound commercial crab fishing rules.
Citation of Existing Rules Affected by this Order: Repealing WAC 220-52-04000W and 220-52-04600U; and amending WAC 220-52-046.
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 all state commercial crab fisheries (Region 1, Region 2 East, Region 2 West, Region 3-1, Region 3-2 and Region 3-3). The state has reached the initial targets in Region 2 East, Region 2 West and Region 3-2. The state is closing the remaining regions to preserve allocation for additional openings later in the season. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 2.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: October 25, 2016.
Joe Stohr
for J. W. Unsworth
Director
NEW SECTION
WAC 220-52-04600V Puget Sound crab fishery—Seasons and areas.
Notwithstanding the provisions of WAC 220-52-046:
(1) Effective 6:30 p.m., October 28, 2016, and until further notice, Crab Management Region 1, Region 3-1 and Region 3-3 are closed. Region 1 includes all waters of Marine Fish-Shellfish Management and Catch Reporting Areas 20A, 20B, 21A, 21B, 22A and 22B. 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.
(2) Effective immediately, until further notice, the following areas are closed to commercial crab fishing:
(a) 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.
(b) 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.
(c) 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.
REPEALER
The following sections of the Washington Administrative code are repealed effective 6:30 p.m. October 28, 2016:
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