WSR 19-08-024
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 19-56—Filed March 27, 2019, 11:37 a.m., effective March 27, 2019, 11:37 a.m.]
Effective Date of Rule: Immediately upon filing.
Purpose: Amends coastal commercial crab rules.
Citation of Rules Affected by this Order: Repealing WAC 220-340-42000P; 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: This emergency rule is needed to extend the period of reduced pot limits to limit the number of lines in the water to reduce the risk of marine mammal interactions, reduce the crowding effect in this restricted area and language improves enforcement of pot limits. A delay due to elevated marine toxins aligns with the Tri-State Crab Agreement and similar rules in Oregon and California. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: March 27, 2019.
Joe Stohr
for Kelly Susewind
Director
NEW SECTION
WAC 220-340-42000QCommercial crab fishery—Unlawful acts.
Notwithstanding the provisions of WAC 220-340-420:
(1) Effective immediately until further notice, it is unlawful for a vessel to use more than 200 pots in the area between Split Rock (47°24.50') and Raft River (47º28.00) seaward of a line approximating the 27-fathom depth curve. It is unlawful for a vessel to use more than 100 pots in the in the area between the Copalis River (47º08.00) and Joe Creek (47°12.11) seaward of a line approximating the 27-fathom depth curve. Fishers must pre-register with the Department of Fish and Wildlife 24 hours prior to deploying gear in this area by one of the three following methods:
| |
| • | Fax transmission to Robert Morgan at 360-249-1229; |
| • | E-mail to Robert Morgan at Robert.Morgan@dfw.wa.gov; or |
| • | Telephone call to Robert Morgan at 360-249-1206. |
(2) All other provisions of the permanent rule remain in effect.
Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW
34.08.040.
REPEALER
The following section of the Washington Administrative Code repealed:
WAC 220-340-42000P | Commercial crab fishery—Unlawful acts. (19-37) |
Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW
34.08.040.