WSR 22-01-081
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 21-272—Filed December 10, 2021, 2:52 p.m., effective December 10, 2021, 2:52 p.m.]
Effective Date of Rule: Immediately upon filing.
Purpose: The provisions of this emergency rule: WAC 220-320-11000B:
(1) Defines new Crab Management Region 3-4 and changes the boundaries of Crab Management Region 3-3 to accommodate boundaries agreed to in the Region 3 2021-2022 crab management plan.
WAC 220-340-42000W:
(1) Allows for barging in Crab Management Region 1 between December 15, 2021, at 8:00 a.m. and December 17, 2021, at 8:00 a.m.
(2) Requires all crab harvested to be delivered to an original receiver or recorded on a shellfish transportation ticket within 36 hours of harvest. Requires separate transportation tickets to be completed for each day's harvest not delivered to an original receiver that is stored off the fishing vessel. Implements a 10-day restriction on the length of time that crab may be stored off-vessel before being delivered to an original receiver.
(3) Implements a labeling requirement for crab that are stored off-vessel.
(4) Implements a labeling requirement for crab that are stored off-vessel and not delivered to an original receiver within 36 hours.
WAC 220-340-45500F:
(1) Defines subareas east and west of Marine Fish Shellfish Catch Reporting Area 23C to align with agreed to boundaries within the Region 3 2021-2022 crab management plan.
(2) Opens Puget Sound commercial crab harvest in Crab Management Region 3-3 effective immediately. Opens Puget Sound commercial crab harvest in Crab Management Region 1 effective December 15, 2021, at 8:00 a.m. Describes hard closure dates by crab management region. Maintains closure of Crab Management Regions 2 East, 2 West, 3-1, 3-2, and 3-4.
(3) Closes Port Angeles Harbor to commercial crab harvest due to public health decrees.
(4) Repeals areas where recreational and tribal harvest has been allowed that state commercial harvest has been historically limited.
WAC 220-340-47000D:
(1) Allows deployment of up to 35 pots per license for the commercial harvest of Dungeness crab in Crab Management Region 1 starting December 15, 2021, at 8:00 a.m.
(2) Allows deployment of up to 60 pots per license for the commercial harvest of Dungeness crab in Crab Management Region 3-3.
(3) Requires undeployed buoy tags to be retained for inspection.
WAC 220-352-34000P:
(1) Clarifies the Puget Sound commercial dealer quick reporting requirements.
(2) Implements a Puget Sound "stored crab" harvest report requirement for crab not delivered to an original receiver with 36 hours of harvest.
(3) Implements a Puget Sound sales report requirement for stored crab that have been reported but not landed.
(4) Implements a registration requirement for commercial license holders to notify the department of their fishing status and which crab management area a licensee will be fishing in if active.
Citation of Rules Affected by this Order: Repealing WAC 220-320-11000A, 220-340-42000V, 220-340-45500E, 220-340-47000D and 220-352-34000P; and amending WAC 220-320-110, 220-340-420, 220-340-455, 220-340-470, and 220-352-340.
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: There is sufficient allocation in Region 1 to allow for commercial harvest. There is sufficient allocation available in [Region] 3-3 to accommodate continued commercial harvest. These provisions are in conformity with agreed regional management plans with applicable tribes or in accordance with procedures proscribed in the shellfish implementation plan when no annual regional management plan agreement has been reached. 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. Further adjustment of season structure may be made pending updated harvest data. 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 5, Amended 0, Repealed 5.
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, 2021.
Kelly Susewind
Director
NEW SECTION
WAC 220-320-11000BPuget sound crab management regions.
Notwithstanding the provisions of WAC 220-320-110:
(1) Crab Management Region 3, subarea 3-3 is defined as all waters of Marine Fish-Shellfish Management and Catch Reporting Areas 23C-East.
(2) Crab Management Region 3, subarea 3-4 is defined as all waters of Marine Fish-Shellfish Management and Catch Reporting Areas 23C-West and 29.
NEW SECTION
WAC 220-340-42000XCommercial crab fisheryUnlawful acts.
Notwithstanding the provisions of WAC 220-340-420:
(1) Crab Management Region 1 includes Marine Fish-Shellfish (MFSF) Catch Reporting Areas 20A, 20B, 21A, 21B, 22A, 22B. Crab Management Region 2E includes MFSF Catch Reporting Areas 24A, 24B, 24C, 24D, and 26A East. Crab Management Region 2 West includes MFSF Catch Reporting Areas 25B, 25D, and 26A West. Crab Management Region 3-1 includes MFSF Catch Reporting Areas 23A and 23B. Crab Management Region 3-2 includes MFSF Catch Reporting Areas 25A, 25E, and 23D. Crab Management Region 3-3 includes MFSF Catch Reporting Areas 23C East, and Crab Management Region 3-4 consists of 23C West and 29.
(a) Effective 8:00 a.m. December 15, 2021 until 7:59 a.m. December 17, 2021 it is permissible to deploy Dungeness crab pots for commercial purposes in Crab Management Region 1 from a vessel not designated on a person's Puget Sound crab license, provided that the primary or alternate operator designated on the license is on board the non-designated vessel ("barge" vessel), and prior notice has been given as provided below. Crab pots may only be deployed during daylight hours.
(b) Puget Sound commercial crab license holders that intend to barge must send an email to crab.report@dfw.wa.gov, detailing the following information:
(i) Name and license number of licensed owner.
(ii) Name of designated primary operator if different from licensed owner.
(iii) Name of alternate operator if used to deploy pots from a non-designated vessel.
(iv) Buoy brand number and number of pots to be deployed from a non-designated vessel.
(v) Name and identification numbers (WN and/or Coast Guard) of the non-designated vessel.
(vi) Region or Set Location
(2) Effective immediately, until further notice, all crab removed from a vessel licensed in Puget Sound that are not delivered to an original receiver within 36 hours must be recorded on a commercial fish and shellfish transportation ticket. Separate commercial fish and shellfish transportation tickets must be filled out for each day's harvest retained in this manner. It is illegal to retain and store crab prior to delivery and completion of a fish receiving ticket for more than 10 days.
(3) Effective immediately, until further notice, all crab retained and removed from a vessel must be stored in containers based on date retained and labeled with the following:
(a) date of harvest,
(b) an estimate of pounds of crab in each container, and
(c) either the Marine Fish-Shellfish (MFSF) Catch Reporting Area or the Crab Management Region the catch originated from.
(4) Effective immediately, until further notice, all crab retained and removed from a vessel and are not delivered to an original receiver within 36 hours must be stored in containers based on date retained and labeled with the following:
(a) date of harvest,
(b) an estimate of pounds of crab in each container,
(c) either the Marine Fish-Shellfish (MFSF) Catch Reporting Area or the Crab Management Region the catch originated from, and
(d) Commercial fish and shellfish transportation ticket number.
NEW SECTION
WAC 220-340-45500FCommercial crab fisherySeasons and areasPuget Sound.
Notwithstanding the provisions of WAC 220-340-455:
(1) For the purposes of crab harvest allocation, fishing season, and catch reporting, the following Marine Fish-Shellfish Catch Reporting Areas are modified as follows:
(a) Catch Area 23C East (23C-E) includes those waters of Puget Sound westerly of a line due north from the Ediz Hook light to the international boundary; and easterly of a line projected due north from Low Point.
(b) Catch Area 23C West (23C-W) includes those waters of Puget Sound westerly of a line due north from Low Point to the international boundary; and easterly of a line projected due north from the mouth of the Sekiu River.
(2) Effective immediately, until further notice, the following areas are closed to commercial crab fishing: Crab Management Regions 2E, 3-2 and 3-4.
(3) Effective immediately, until December 15, 2021 at 8:00 a.m. the following areas are closed to commercial crab fishing: Crab Management Region 1.
(4) It is currently permissible to harvest Dungeness crab for commercial purposes from the following areas as listed:
Region 3: Crab Management Region 3-3; effective immediately until further notice.
(5) Public Health Closures: effective immediately, until further notice, the following areas are closed to commercial crab fishing:
That portion of Marine Fish/Shellfish Catch Area 23D west of a line from the eastern tip of Ediz Hook to the ITT Rayonier Dock.
(6) Limited Commercial Areas: It is permissible to harvest Dungeness crab for commercial purposes from the following areas as listed:
Region 1, effective December 15, 2021 at 8:00 a.m.:
(a) Those waters of Marine Fish-Shellfish Management and Catch Reporting Area 20A between a line from the boat ramp at the western boundary of Birch Bay State Park to the western point of the entrance of the Birch Bay Marina and a line from the same boat ramp to Birch Point.
(b) Those waters of Marine Fish-Shellfish Management and Catch Reporting Area 22B in Fidalgo Bay south of a line projected from the red number 4 entrance buoy at Cape Sante Marina to the northern end of the eastern most oil dock.
(c) Those waters of Marine Fish-Shellfish Management and Catch Reporting Area 22A in Deer Harbor north of a line projected from Steep Point to Pole Pass.
(7) Commercial exclusion areas: It is permissible to harvest crab for commercial purposes from the following areas as listed:
Region 1, effective December 15 at 8:00 a.m.:
(a) Those waters of Marine Fish-Shellfish Management and Catch Reporting Area 21B in Samish Bay south of a line from Point Williams to Fish Point in waters shallower than 60 feet in depth.
(b) Those waters of Marine Fish-Shellfish Management and Catch Reporting Area 22A in Westcott and Garrison Bays east of a line projected due south from Point White to San Juan Island.
(c) Those waters of Marine Fish-Shellfish Management and Catch Reporting Area 20A in Birch Bay east of a line projected from the boat ramp at the western boundary of Birch Bay State Park to the western point of the entrance to the Birch Bay Marina.
(d) Those waters of Marine Fish-Shellfish Management and Catch Reporting Area 21A inside of Chuckanut Bay east of a line projected north from Governor's Point to the east side of Chuckanut Island, thence to Chuckanut Rock, thence to the most southerly tip of Clark's Point.
(e) Those waters of Marine Fish-Shellfish Management and Catch Reporting Area 22A in Blind Bay south of a line projected due west from Point Hudson to its intersection with Shaw Island.
(f) Those waters of Marine Fish-Shellfish Management and Catch Reporting Area 22A in Fisherman Bay south of a line projected east-west through the red number 4 entrance buoy.
(g) Those waters of Marine Fish-Shellfish Management and Catch Reporting Area 22A in Mud Bay south of a line projected through Crab and Fortress Islands intersecting Lopez Island at either end.
(h) Those waters of Marine Fish-Shellfish Management and Catch Reporting Area 22B in Padilla Bay within a line projected easterly from the northern end of the eastern most oil dock at March Point to the red number 2 buoy, thence southeasterly to the red number 8 buoy, thence west to shore and following the shoreline to the point of origin.
(i) That portion of Marine Fish-Shellfish Management and Catch Reporting Area 20B, which includes all waters of Prevost Harbor between Stuart Island and Satellite Island southwest of a line from Charles Point on Stuart Island to the northwest tip of Satellite Island and southwest of a line projected 120 degrees true from the southeast end of Satellite Island to Stuart Island.
(j) Those waters of Marine Fish-Shellfish Management and Catch Reporting Area 22A in East Sound north of a line from the southern point of Judd Bay on the west to Giffin Rocks on the east.
NEW SECTION
WAC 220-340-47000DCommercial crab fisheryGear limitsPuget Sound and marine fish-shellfish management and catch reporting areas.
Notwithstanding the provisions of WAC 220-340-470:
(1) Effective immediately, until further notice, it is unlawful for any person to harvest crabs for commercial purposes with more than 60 pots per license per buoy tag number in Crab Management Region 3-3.
(2) Effective December 15, 2021 at 8:00 a.m., until further notice, it is unlawful for any person to harvest crabs for commercial purposes with more than 35 pots per license per buoy tag number in Crab Management Region 1.
(3) All remaining, undeployed buoy tags per license per region must be onboard the designated vessel and available for immediate inspection.
NEW SECTION
WAC 220-352-34000PPuget Sound crabAdditional reporting requirements.
Notwithstanding the provisions of WAC 220-352-340,
(1) Effective immediately, until further notice, it is unlawful for any wholesale dealer acting in the capacity of an original receiver of Dungeness crab landed by WDFW licensed Puget Sound commercial crab harvesters to fail to report to the department the previous day's purchases by 10:00 a.m. the day following the purchase. Reports must be made online at the Puget Sound commercial crab reporting website, by fax to (360) 302-3031, or by e-mail at crab.report@dfw.wa.gov. Reports must include all of the following:
(a) dealer name,
(b) dealer license number,
(c) dealer phone number,
(d) date of delivery of crab to the original receiver, and
(e) the total number of pounds of crab caught by WDFW licensed commercial fishers by Crab Management Region or Marine Fish-Shellfish Management and Catch Reporting Area.
(2) Effective immediately, until further notice, commercial harvesters of crab in Puget Sound must deliver all crab removed from their vessel to a licensed original receiver within 36 hours or submit a report of crab retained for delivery at a future date to the Department. Reports must be received within 36 hours following an offload. Reports must be made by online on the Puget Sound commercial crab reporting website or by e-mail at crab.report@dfw.wa.gov. Reports must contain all of the following:
(a) harvester name,
(b) WDFW issued vessel ID,
(c) Puget Sound commercial license number,
(d) date of harvest,
(e) an estimate of pounds of harvest retained by Crab Management Region or Marine Fish-Shellfish Management and Catch Reporting Area, and
(f) a commercial fish and shellfish transportation ticket number.
(3) Effective immediately, until further notice, commercial harvesters of crab in Puget Sound must report the delivery of all crab to an original receiver that were previously retained off-vessel by 10:00 a.m. the day following delivery to an original receiver. Reports must be made online at the Puget Sound commercial crab reporting website, or by e-mail at crab.report@dfw.wa.gov. Reports must contain all of the following:
(a) harvester name,
(b) WDFW issued vessel ID,
(c) Puget Sound commercial license number,
(d) date of sale,
(e) dealer name,
(f) commercial shellfish transportation ticket number(s) delivered, and
(g) fish receiving ticket number(s) corresponding to landing date of delivery.
(4) Effective immediately, until further notice, Puget Sound commercial crab license holders, or their designated alternate operators, must register which Crab Management Region that gear will be deployed in for each license they hold prior to the opening date or if licenses are not being fished. Registrations must be updated when gear moves between areas or fishing activity stops. Registrations can be made by registering on the WDFW Puget Sound commercial crabbing webpage or sending an email to crab.report@dfw.wa.gov, detailing the following information:
(a) Vessel Operator Name
(b) Vessel Name and Vessel Registration Number
(c) License Number(s) to be Fished
(d) Crab Management Region to be fished or an indication that licenses will remain unfished
(e) Gear Deployment Date
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.
Reviser's note: The unnecessary underscoring 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.
REPEALER
The following sections of the Washington Administrative Code are repealed:
WAC 220-320-11000A
Puget Sound crab management regions. (21-223)
WAC 220-340-42000V
Commercial crab fishery—Unlawful acts. (21-264)
WAC 220-340-45500E
Commercial crab fishery—Seasons and areas—Puget Sound. (21-264)
WAC 220-340-47000C
Commercial crab fishery—Gear requirements—Puget Sound. (21-264)
WAC 220-352-34000N
Puget Sound crab—Additional reporting requirements. (21-264)