WSR 23-01-095
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 22-282—Filed December 16, 2022, 3:03 p.m., effective December 16, 2022, 3:03 p.m.]
Effective Date of Rule: Immediately upon filing.
Purpose: WAC 220-340-45500S:
(1) Opens Puget Sound commercial crab harvest in Crab Management Region 2E on December 19, 2022, at 8:00 a.m.
(2) Closes subregion 3-2 to commercial harvest effective December 20, 2022.
(3) Implements hard closure dates that may close with[in] 120 days.
(4) Corrects the Bellingham Bay closure area.
WAC 220-340-42000M: Permits barging of pots from December 19, 2022, at 8:00 a.m. through 7:59 a.m. on December 21, 2022, in subregion 2E only.
WAC 220-340-47000P: Sets pot limits for all areas with commercial harvest opportunity in Puget Sound. Reduces the pot limit for all areas that are closed to "0."
Citation of Rules Affected by this Order: Repealing WAC 220-340-45500R, 220-340-42000L and 220-340-47000N; and amending WAC 220-340-455, 220-340-420, and 220-340-470.
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 available in Regions 1, 2-West and subregions 3-1, 3-3, and 3-4 to accommodate continued commercial harvest. This rule closes subregion 3-2 following the projected attainment of the state share on December 20, 2022. This rule also opens Region 2E on December 19, 2022, to make use of additional harvest opportunity following comanager agreement to increase the quota. This rule also corrects a boundary of the Bellingham Bay closure area to conform with comanagement agreement. These provisions are in conformity with agreed[-to] 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. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.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 3, Amended 0, Repealed 3.
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 16, 2022.
Amy H. Windrope
for Kelly Susewind
Director
NEW SECTION
WAC 220-340-45500SCommercial crab fishery—Seasons and areas—Puget Sound.
Effective immediately, until further notice, the provisions of WAC 220-340-455 regarding open periods for commercial crab harvest within Puget Sound and the geographic definition of the closure area within Marine Fish-Shellfish Management and Catch Reporting Area 21A shall be modified as described below. All other provisions of WAC 220-340-455 not addressed herein remain in effect unless otherwise amended by emergency rule:
(a) Commercial harvest of Dungeness crab in Puget Sound is allowed during the "Open period" indicated in the following table. On the opening date harvest will be permitted starting at 8:00 a.m. Harvest on all other days is allowed starting one hour before official sunrise until further notice. Any closures will take effect one hour after official sunset unless otherwise indicated.
Geographical Management Unit (WAC 220-320-110) | Open Period |
Region 1, MFSF Catch Areas 21A, 21B, and 22B | Immediately, through March 31, 2023. |
Region 1, Marine Fish-Shellfish Catch Areas 22A, 20A, and 20B | Immediately, through April 15, 2023. |
Region 2E, excluding Everett Flats CSMA (WAC 220-320-120(3)) | 8:00 am December 19, 2022, through February 1, 2023. |
Region 2E, Everett Flats CSMA (WAC 220-320-120(3)) | 8:00 am December 19, 2022, through December 31, 2022. |
Region 2W, not including Port Townsend Bay CSMA (WAC 220-320-120(5)) | Immediately, through February 15, 2023. |
Region 2W, Port Townsend Bay CSMA (WAC 220-320-120(5)) | Immediately, through February 15, 2023. |
Subregion 3-1 | Immediately, through March 31, 2023. |
Subregion 3-2, not including Discovery Bay CSMA (WAC 220-230-120 (1)(a)), Sequim Bay CSMA (WAC 220-320-120(6)), or the Port Angeles Harbor CSMA (WAC 220-320-120(4)). | Immediately, through December 20, 2022. |
Subregion 3-2, Discovery Bay CSMA (WAC 220-320-120 (1)(a)) | Immediately, through December 20, 2022. |
Subregion 3-2, Sequim Bay CSMA (WAC 220-320-120(6)) | Immediately, through December 20, 2022. |
Subregion 3-2, the Port Angeles Harbor CSMA (WAC 220-320-120(4)). | Closed, due to on-going public health concerns. |
Subregion 3-3 | Immediately, through April 15, 2023. |
Subregion 3-4 | Immediately, through April 15, 2023. |
(b) The area closed to commercial harvest in WAC 220-340-455 (2)(c) is amended to be: Those waters of Marine Fish-Shellfish Management and Catch Reporting Area 21A in Bellingham Bay west of a line projected from the exposed boulder off the southeast portion of Point Francis (48.69730°, -122.60730°) to the old pilings at Stevie's Point (48.77675°, -122.55196°).
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. NEW SECTION
WAC 220-340-42000MCommercial crab fishery—Unlawful acts.
Effective immediately, until further notice, the provisions of WAC 220-340-420 regarding barging of crab pots by commercial vessels in Puget Sound shall be modified as described below. All other provisions of WAC 220-340-420 not addressed herein remain in effect unless otherwise amended by emergency rule:
(1) Effective 8:00 a.m. December 19, 2022 until 7:59 a.m. December 21, 2022 it is permissible to deploy Dungeness crab pots for commercial purposes in Crab Management Region 2E 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.
(2) Puget Sound commercial crab license holders that intend to barge must send an email to crab.report@dfw.wa.gov, detailing the following information:
(a) Name and license number of licensed owner.
(b) Name of designated primary operator if different from licensed owner.
(c) Name of alternate operator if used to deploy pots from a non-designated vessel.
(d) Buoy brand number and number of pots to be deployed from a non-designated vessel.
(e) Name and identification numbers (WN and/or Coast Guard) of the non-designated vessel.
(f) Region or Set Location
NEW SECTION
WAC 220-340-47000PCommercial crab fishery—Gear limits—Puget Sound and Marine Fish-Shellfish Management and Catch Reporting Areas.
Effective immediately, until further notice, the provisions of WAC 220-340-470 regarding Marine Fish-Shellfish Management and Catch Reporting Areas gear limits shall be modified as described below. All other provisions of WAC 220-340-470 not addressed herein remain in effect unless otherwise amended by emergency rule:
(1) Effective during the "Open period" listed in amended section of WAC 220-340-455 above it will be unlawful for any person to harvest crabs with more than the "Pot limit" per license per buoy tag number indicated within each "geographical management unit".
Geographical Management Unit (WAC 220-320-110) | Pot limit |
Region 1, MFSF Catch Areas 21A, 21B, and 22B | 30 |
Region 1, Marine Fish-Shellfish Catch Areas 22A, 20A, and 20B | 30 |
Region 2E, excluding Everett Flats CSMA (WAC 220-320-120(3)) | 30 |
Region 2E, Everett Flats CSMA (WAC 220-320-120(3)) | 30 |
Region 2W, not including Port Townsend Bay CSMA (WAC 220-320-120(5)) | 30 |
Region 2W, Port Townsend Bay CSMA (WAC 220-320-120(5)) | 20 |
Subregion 3-1 | 30 |
Subregion 3-2, not including Discovery Bay CSMA (WAC 220-230-120 (1)(a)), Sequim Bay CSMA (WAC 220-320-120(6)), or the Port Angeles Harbor CSMA (WAC 220-320-120(4)). | 30 |
Subregion 3-2, Discovery Bay CSMA (WAC 220-320-120 (1)(a)) | 20 |
Subregion 3-2, Sequim Bay CSMA (WAC 220-320-120(6)) | 20 |
Subregion 3-2, the Port Angeles Harbor CSMA (WAC 220-320-120(4)). | 0 |
Subregion 3-3 | 30 |
Subregion 3-4 | 30 |
(2) Effective after the "Open Period" listed in amended section of WAC 220-340-455 above, the "Pot Limit" within each "geographical management unit" will be reduced to "0".
REPEALER
The following sections of the Washington Administrative Code are repealed, effective immediately:
WAC 220-340-45500S | Commercial crab fishery—Seasons and areas—Puget Sound. |
WAC 220-340-42000M | Commercial crab fishery—Unlawful acts. |
WAC 220-340-47000P | Commercial crab fishery—Gear limits—Puget Sound and Marine Fish-Shellfish Management and Catch Reporting Areas. |