WSR 23-02-062
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 23-01—Filed January 3, 2023, 4:35 p.m., effective January 3, 2023, 4:35 p.m.]
Effective Date of Rule: Immediately upon filing.
Purpose: The purpose of this emergency rule is to close commercial crab fishing in crab management Region 2 East on January 6, 2023.
WAC 220-340-45500U delays the closure of Puget Sound commercial crab harvest in Crab Management Region 2 East from January 3 to 6, 2023, one hour after official sunset time.
WAC 220-340-47000R sets pot limits for all areas with commercial harvest opportunity in Puget Sound and reduces the pot limit for all areas that are closed to "0."
Citation of Rules Affected by this Order: Repealing WAC 220-340-45500T and WAC 220-340-47000Q; and amending WAC 220-340-455 and WAC 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: This rule is necessary to set a new closure date for the commercial crab fishery in Crab Management Region 2 East. Previously, the Washington department of fish and wildlife estimated that commercial shares would be obtained January 3, 2022. However, the harvest over the holiday weekend was lower than anticipated and there is sufficient share to remain open until January 6, 2023.
There is sufficient allocation available in Regions 1, 2 East, 2 West, and subregions 3-1, 3-3, and 3-4 to accommodate continued commercial harvest. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.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 2, 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: January 3, 2023.
Kelly Susewind
Director
NEW SECTION
WAC 220-340-45500UCommercial 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)) | Immediately, through January 6, 2023. |
Region 2E, Everett Flats CSMA (WAC 220-320-120(3)) | Closed. |
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)). | Closed. |
Subregion 3-2, Discovery Bay CSMA (WAC 220-320-120 (1)(a)) | Closed. |
Subregion 3-2, Sequim Bay CSMA (WAC 220-320-120(6)) | Closed. |
Subregion 3-2, the Port Angeles Harbor CSMA (WAC 220-320-120(4)). | Closed. |
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 220-340-47000RCommercial 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:
(a) 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 |
(b) 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".
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. REPEALER
The following sections of the Washington Administrative Code are repealed, effective immediately:
WAC 220-340-45500T | Commercial crab fishery—Seasons and areas—Puget Sound. (22-286) |
WAC 220-340-47000Q | Commercial crab fishery—Gear limits—Puget Sound and Marine Fish-Shellfish Management and Catch Reporting Areas. (22-286) |