WSR 18-21-106
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 18-295—Filed October 16, 2018, 1:44 p.m., effective October 17, 2018, 6:30 p.m.]
Effective Date of Rule: October 17, 2018, 6:30 p.m.
Purpose: Amends Puget Sound commercial crab rules.
Citation of Rules Affected by this Order: Repealing WAC 220-340-45500K; and amending WAC 220-340-455.
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 rule closes Region 1 at 6:30 p.m., October 17, 2018. The provisions of this rule will continue the Puget Sound commercial crab harvest in all remaining areas. Pot limits in the remaining commercial areas are set at fifty pots per license per buoy tag number, with exception of Region 3-1. In Region 3-1, fishers will be allowed to use one hundred pots per license per buoy tag number. There is sufficient allocation available in the remaining commercial regions to accommodate this continued opening. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 16, 2018.
Kelly Susewind
Director
NEW SECTION
WAC 220-340-45500LCommercial crab fishery—Seasons and areas—Puget Sound.
Notwithstanding the provisions of WAC 220-340-455:
(1) Effective at 6:30 PM, October 17, 2018, Crab Management Region 1 is closed. Region 1 includes Marine Fish-Shellfish Catch Reporting Areas 20A, 20B, 21A, 21B, 22A, and 22B.
(2) 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 2 East, Region 2 West, Region 3-2, Region 3-3 East or Region 3-3 West. These regions include Marine Fish-Shellfish Catch Reporting Areas, 24A, 24B, 24C, 24D, 26A East, 26A West, 25B, 25D, 25A, 25E, 23D, 23C and 29.
(3) Effective immediately, until further notice it is lawful for any person to fish for crabs for commercial purposes with 100 pots per license per buoy tag number in Crab Management Region 3-1. This region includes Marine Fish-Shellfish Catch Reporting Area 23A and 23B.
(4) All remaining buoy tags per license per region must be onboard the designated vessel and available for immediate inspection.
(5) Effective immediately, until further notice, it is permissible to fish for Dungeness crab for commercial purposes in the following areas:
Those waters of Marine Fish-Shellfish Management and Catch Reporting Area 26A-W in Useless Bay north and east of a line from the south end of the Double Bluff State Park seawall (47°58.782'N, 122°30.840'W) projected 110 degrees true to the boulder on shore (47°57.690'N, 122°26.742'W).
(6) Effective immediately, until further notice, it is permissible to fish for Dungeness crab for commercial purposes in the following areas:
(a) Port Gardner: That portion of Marine Fish-Shellfish Catch Reporting Area 26A east of a line projected from the outermost tip of the ferry dock at Mukilteo, projected to the green #3 buoy at the mouth of the Snohomish River, and west of a line projected from that #3 buoy southward to the oil boom pier on the shoreline.
(b) Possession Point to Glendale: That portion of Marine Fish-Shellfish Management and Catch Reporting Area 26A east of a line that extends true north from the green #1 buoy at Possession Point to Possession Point, and west of a line from the green #1 buoy at Possession Point extending northward along the 200-foot depth contour to the Glendale dock.
(c) Langley: That portion of Marine Fish-Shellfish Management and Catch Reporting Area 24C shoreward of the 400-foot depth contour within an area described by two lines projected northeasterly from Sandy Point and the entrance to the marina at Langley.
(7) Effective immediately, until further notice, the following areas are closed to commercial crab fishing:
(a) That portion of Marine Fish-Shellfish Management and Catch Reporting Area 25A west of the 123°7.0' longitude line projected from the new Dungeness light due south to the shore of Dungeness Bay.
(b) That portion of Marine Fish-Shellfish Management and Catch Reporting Area 23D west of a line from the eastern tip of Ediz Hook to the ITT Rayonier Dock.
(c) Those waters of Marine Fish-Shellfish Management and Catch Reporting Area 24A east of a line projected true north from the most westerly tip of Skagit Island and extending south to the most westerly tip of Hope Island, thence southeast to Seal Rocks, thence southeast to the green can buoy at the mouth of Swinomish Channel, thence easterly to the west side of Goat Island.
REPEALER
The following section of the Washington Administrative code is repealed effective 6:30 p.m. October 17, 2018:
WAC 220-340-45500K | Commercial crab fishery—Seasons and areas—Puget Sound. (18-291) |