WSR 18-08-048 EMERGENCY RULES DEPARTMENT OF FISH AND WILDLIFE [Order 18-51—Filed March 29, 2018, 12:09 p.m., effective March 31, 2018, 7:00 p.m.] Effective Date of Rule: March 31, 2018, 7:00 p.m. Purpose: Amends Puget Sound commercial crab rules. Citation of Rules Affected by this Order: Repealing WAC 220-340-42000F and 220-340-45500I; and amending WAC 220-340-420. 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 rule will maintain the opening of commercial crab harvest in Region 3-3 East and 3-3 West. With this rule Region 1, Region 2 East and Region 2 West remain closed because the state has reached the full state allocation in those areas. Region 3-1 and 3-2 will close at 7:00 p.m. on March 31, 2018, because this is the hard closure date defined in the management plans. These provisions are in conformity with agreed management plans 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 Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0. Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0. Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 2. Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0. Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: March 29, 2018. Amy H. Windrope for Joe Stohr
Director
NEW SECTION
WAC 220-340-42000G Commercial crab fishery—Unlawful acts.
Notwithstanding the provisions of WAC 220-340-420:
(1) Effective 7:00 p.m. Saturday, March 31, 2018, until further notice, ALL of Crab Management Region 3-1 and 3-2 are CLOSED. These regions includes Marine Fish-Shellfish Catch Reporting Areas 23A, 23B, 23D, 25A and 25E.
(2) Effective immediately, until further notice, ALL of Crab Management Region 1 is CLOSED. This region includes Marine Fish-Shellfish Catch Reporting Areas 20A, 20B, 21A, 21B, 22A and 22B.
(3) Effective immediately, until further notice, ALL of Crab Management Region 2 West is CLOSED. This region includes Marine Fish-Shellfish Catch Reporting Areas 25B, 25D and 26A West.
(4) Effective immediately, until further notice, ALL of Crab Management Region 2 East is CLOSED. This region includes Marine Fish-Shellfish Catch Reporting Areas 24A, 24B, 24C, 24D and 26A East.
(5) Effective immediately, until further notice, 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 Region 3-3 East or 3-3 West. These regions include Marine Fish-Shellfish Management and Catch Reporting Areas 23C and 29.
(6) All remaining buoy tags per license per region must be onboard the designated vessel and available for immediate inspection.
Reviser's note: The typographical errors in the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040. REPEALER
The following sections of the Washington Administrative Code are repealed at 7:00 p.m. March 31, 2018:
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