WSR 20-01-066
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 19-306—Filed December 10, 2019, 5:34 p.m., effective January 1, 2020]
Effective Date of Rule: January 1, 2020.
Purpose: Amend Puget Sound recreational crab rules.
Citation of Rules Affected by this Order: Repealing WAC 220-330-04000J and 220-310-02000A; and amending WAC 220-330-040 and 220-310-020.
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 continue the recreational crab harvest in Marine Areas 8-1 and 8-2 (Crab Region 2E). Comanagers have agreed to increase the state and tribal harvest shares in this region and the recreational fishery can remain open through January 31, 2020. Comanagers have also agreed to waive the requirement to record retained Dungeness crab on a valid catch record card. Instead, the average monthly recreational harvest for winter during the last three seasons will be used as the January recreational harvest estimate. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 2.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: December 10, 2019.
Nate Pamplin
for Kelly Susewind
Director
NEW SECTION
WAC 220-330-04000JCrab—Areas and seasons—Personal use.
Notwithstanding the provisions of WAC 220-330-040, effective January 1, 2020 through January 31, 2020 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 8-1 and Marine Area 8-2 are open to fish for crab for personal use from January 1 through January 31, 2020.
NEW SECTION
WAC 220-310-02000ACatch record cards.
Notwithstanding the provisions of WAC 220-310-020, effective January 1 through January 31, 2020 anglers will not be required to have a valid and appropriate Puget Sound Dungeness crab catch record card as described in WAC 220-310-010 to fish for or possess for personal use, Dungeness crab in Catch Record Card Areas 8-1 and 8-2. Accordingly, anglers will also not be required to record any retained Dungeness crab on a Catch Record Card from January 1 through January 31, 2020.
REPEALER
The following sections of the Washington Administrative Code are repealed effective February 1, 2020:
WAC 220-330-04000J | —Areas and seasons—Personal use. |
WAC 220-310-02000A | Catch record cards. |
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.