WSR 19-21-128
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 19-264—Filed October 18, 2019, 5:25 p.m., effective October 24, 2019]
Effective Date of Rule: October 24, 2019.
Purpose: Amend Puget Sound recreational crab fishing rules.
Citation of Rules Affected by this Order: Repealing WAC 220-330-04000G and 220-330-04000H; and amending WAC 220-330-040.
Statutory Authority for Adoption: RCW 77.04.012, 77.04.020, 77.12.045, and 77.12.047.
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 close the recreational crab harvest in Marine Areas 8-1 and 8-2 because the state quota share has been exceeded in these areas. Preliminary summer harvest estimates indicate that the recreational fishery can remain open in the marine areas described in this regulation and contribute to achieving 50/50 harvest goal with the treaty tribes. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 2.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: October 18, 2019.
Kelly Susewind
Director
NEW SECTION
WAC 220-330-04000HCrabAreas and seasonsPersonal use.
Notwithstanding the provisions of WAC 220-330-040, effective October 24, 2019 until further notice, it is unlawful to fish for crab for personal use in Puget Sound in all waters of Marine Areas, 4 east of the Bonilla-Tatoosh line, 5, 6, 7, 8-1, 8-2, 9, 10, 11, 12 and 13, except as provided herein:
Marine Area 4 east of the Bonilla-Tatoosh line, Marine Area 5, Marine Area 6, Marine Area 7, and Marine Area 9 except those waters between the Hood Canal Bridge to a line connecting Foulweather Bluff to Olele Point are open to fish for crab for personal use.
REPEALER
The following section of the Washington Administrative Code is repealed effective October 24, 2019:
WAC 220-330-04000G
Areas and seasonsPersonal use.
The following section of the Washington Administrative Code is repealed effective January 1, 2020:
WAC 220-330-04000H
CrabAreas and seasonsPersonal use.