WSR 19-19-035
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 19-214—Filed September 11, 2019, 3:57 p.m., effective September 16, 2019, 8:01 a.m.]
Effective Date of Rule: September 16, 2019, 8:01 a.m.
Purpose: Amend coastal commercial crab fishery rules.
Citation of Rules Affected by this Order: Repealing WAC 220-340-45000N and 220-340-49000C; and amending WAC 220-340-490.
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: In order to protect crab during the typical fall molting period and to meet the stipulations found in state tribal agreements it is necessary to close the commercial crab fishery. Washington department of fish and wildlife permitted gear recovery is allowed by permanent regulation fifteen days following the close of the commercial season to allow fish and wildlife officers time to enforce rules relative to fishing during the closed season. An earlier start to the permitted gear recovery gives participants more time to recover lost gear before weather conditions become prohibitive to safe gear recovery efforts. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 2.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: September 11, 2019.
Nate Pamplin
for Kelly Susewind
Director
NEW SECTION
WAC 220-340-49000CCoastal crab fishery—Coastal crab gear recovery permit.
Notwithstanding the provisions of WAC 220-340-490:
(1) Effective 8:01 AM September 16, 2019 until 11:59 PM October 31, 2019, a coastal crab gear recovery permit may be granted by the director or his or her designee for licensed coastal Dungeness crab fishers to recover crab pots belonging to state licensed fishers that remain in the ocean in the coastal waters between the Washington/Oregon border (46°15.00) and the US/Canada border, including the Columbia River, Willapa Bay and Grays Harbor.
(2) No crab may be retained on any vessel engaged in permitted gear recovery activities or while recovered gear is on board the vessel.
REPEALER
The following section of the Washington Administrative Code is repealed effective 11:59 PM September 15, 2019:
WAC 220-340-45000N | Commercial crab fishery—Seasons and areas—Coastal. (19-91) |
The following section of the Washington Administrative Code is repealed effective November 1, 2019:
WAC 220-340-49000C | Coastal crab fishery—Coastal crab gear recovery permit. (19-214) |