FISH AND WILDLIFE
[Order 19-116—Filed June 6, 2019, 9:54 a.m., effective July 1, 2019]
Effective Date of Rule: July 1, 2019.
Purpose: Amend coastal commercial crab fishing rules.
Citation of Rules Affected by this Order: Repealing WAC 220-340-42000S; 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 reduction in pot limits is necessary to reduce the number of lines in the water to limit the risk of marine mammal interactions. The weekly landing limit and period is necessary to mitigate handling mortality from sorting soft-shelled crab and provide for an orderly fishery. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: June 6, 2019.
WAC 220-340-42000TCommercial crab fishery—Unlawful acts.
Notwithstanding the provisions of WAC 220-340-420:
(1) Effective 12:01 a.m. July 1, 2019 until further notice, it is unlawful for persons participating in the Columbia River, Coastal, or Willapa Bay commercial Dungeness crab fishery to:
(a) Deploy or operate more than a total of 330 shellfish pots if the permanent number of shellfish pots assigned to the Coastal commercial crab fishery license held by that person is 500.
(b) Deploy or operate more than a total of 200 shellfish pots if the permanent number of shellfish pots assigned to the Coastal Dungeness crab fishery license held by that person is 300.
(c) Fail to maintain onboard any participating vessel the excess crab pot buoy tags assigned to the Coastal Dungeness crab fishery license being fished.
(2) Effective 12:01 a.m. July 7, 2019 until further notice, it is unlawful for any person licensed to fish under a Dungeness crab-coastal fishery license to possess or land crab in excess of 2,500 pounds taken during each of the following coastal crab accounting periods:
|•||July 7 - July 13, 2019|
|•||July 14 - July 20, 2019|
|•||July 21 - July 27, 2019|
|•||July 28 - August 3, 2019|
|•||August 4 - August 10, 2019|
|•||August 11 - August 17, 2019|
|•||August 18 - August 24, 2019|
|•||August 25 - August 31, 2019|
|•||September 1 - September 7, 2019|
|•||September 8 - September 15, 2019|
(3) Any crab taken prior to July 7, 2019, and not landed before 11:59 p.m. July 6, 2019, become part of the July 7 through July 13, 2019 accounting period catch.
(4) It is unlawful for any person taking crab under subsection (1) of this section to fish for crab during any accounting period while having on board any crab taken in a different accounting period.
(5) All other provisions of the permanent rule remain in effect.
The following section of the Washington Administrative Code is repealed effective July 1, 2019:
Commercial crab fishery—Unlawful acts. (19-91)