FISH AND WILDLIFE
[Order 19-279—Filed November 4, 2019, 4:09 p.m., effective November 8, 2019, 6:00 p.m.]
Effective Date of Rule: November 8, 2019, 6:00 p.m.
Purpose: Amend Puget Sound commercial crab rules.
Citation of Rules Affected by this Order: Repealing WAC 220-340-45500X; 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 emergency rule will close Region 1 on November 8, at 6:00 p.m. because the Region 1 state quota will have been reached. With this rule, Region 2E will remain closed. It will continue the Puget Sound commercial crab harvest in Regions 2-West, 3-1, 3-2, and 3-3. Pot limits in Regions 2-West, 3-1, 3-2, and 3-3 will remain at fifty pots per license. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: November 4, 2019.
WAC 220-340-45500YCommercial crab fishery—Seasons and areas—Puget Sound.
Notwithstanding the provisions of WAC 220-340-455:
(1) Effective 6:00 p.m., November 8, 2019 until further notice, all of Crab Management Region 1 is closed. This region includes Marine Fish-Shellfish Catch Reporting Areas 20A, 20B, 21A, 21B, 22A and 22B.
(2) Effective immediately until further notice, Crab Management Region 2E is closed. Region 2E includes Marine Fish-Shellfish Catch Reporting Areas 24A, 24B, 24C, 24D and 26A East.
(3) Effective immediately until further notice, it is unlawful for any license holder or alternate operator to fish for crabs for commercial purposes with more than 50 pots per license per buoy tag number in Crab Management 2 West, Region 3-1, Region 3-2, or Region 3-3. These regions include Marine Fish-Shellfish Catch Reporting Areas, 25B, 25D, 25A, 25E, 23D, 23C and 29.
(4) All remaining buoy tags per license must be onboard the designated vessel and available for immediate inspection.
(5) 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.
The following section of the Washington Administrative code is repealed effective 6:00 p.m. on November 8, 2019:
Commercial crab fishery—Seasons and areas—Puget Sound. (19-254)