WSR 23-10-011
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 23-56—Filed April 24, 2023, 3:32 p.m., effective May 1, 2023]
Effective Date of Rule: May 1, 2023.
Purpose: Coastal commercial crab rule.
Citation of Rules Affected by this Order: Amending WAC 220-340-480.
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: Additional reduced pot limit descriptions for vessels fishing in the Quinault Indian Nation usual and accustomed fishing area conform with recent state/tribal agreements and discussions regarding in-season modifications. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: April 24, 2023.
Amy H. Windrope
for Kelly Susewind
Director
NEW SECTION
WAC 220-340-48000ACommercial crab fishery—Gear limits—Coastal.
Notwithstanding the provisions of WAC 220-340-480:
Summer management period—Pot limits. Beginning May 1, 2023 until further notice, it is unlawful for a person to deploy or fish more than the specified reduced pot limit assigned to each license, unless otherwise authorized by permit issued by the director. Each pot deployed during the summer management period must possess a summer buoy tag, unless authorized by permit issued by the director.
(a) Licenses with a permanent pot limit of 500 will be assigned a reduced pot limit of 330 pots.
(b) Licenses with a permanent pot limit of 300 will be assigned a reduced pot limit of 200 pots.
(c) It is unlawful to deploy gear that includes tags other than the summer buoy tag, unless authorized by permit issued by the director.
(d) Until further notice, it is unlawful for a person to deploy or fish more than the specified reduced pot limit assigned to each license if a vessel is fishing in the Quinault Indian Nation Usual and Accustomed Fishing Area.
(i) Licenses with a permanent pot limit of 500 will be assigned a reduced pot limit of 300 pots.
(ii) Licenses with a permanent pot limit of 300 will be assigned a reduced pot limit of 185 pots.
(iii) Vessels operating in the Quinault U&A must maintain onboard the excess crab pot buoy tags assigned to the Coastal Dungeness crab fishery license being fished.