WSR 22-18-018
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 22-183—Filed August 26, 2022, 12:50 p.m., effective August 28, 2022]
Effective Date of Rule: August 28, 2022.
Purpose: The purpose of this emergency rule is to set weekly landing and possession limits for coastal commercial crab fisheries.
Citation of Rules Affected by this Order: Repealing WAC 220-340-42000I; and amending WAC 220-340-420.
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: The weekly landing limit and period is necessary to mitigate handling mortality from sorting soft-shelled crab and provide for an orderly fishery. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: August 26, 2022.
Amy H. Windrope
for Kelly Susewind
Director
NEW SECTION
WAC 220-340-42000JCommercial crab fisheryUnlawful acts.
Effective August 28, through September 15, 2022; notwithstanding the provisions of WAC 220-340-420:
(1) Effective immediately until further notice, it is unlawful for any person licensed to fish under a Dungeness crab-coastal fishery license to possess or land crab in excess of 1,200 pounds taken during each of the following coastal crab accounting periods:
August 28 - September 3, 2022
September 4 - September 10, 2022
September 11 - September 15, 2022
(2) Any crab taken prior to August 28, 2022, and not landed before 11:59 p.m. August 27, 2022, becomes part of the August 28 - September 3, 2022 accounting period catch.
(3) It is unlawful for any person taking crab under subsection (1) of this section to fish for crab during any accounting period while having on board any crab taken in a different accounting period.
(4) All other provisions of the permanent rule remain in effect.
REPEALER
The following section of the Washington Administrative Code is repealed, effective August 28, 2022:
WAC 220-340-42000I
Commercial crab fisheryUnlawful acts. (22-104)