WSR 24-02-085
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 24-01—Filed January 3, 2024, 7:53 a.m., effective January 3, 2024, 7:53 a.m.]
Effective Date of Rule: Immediately upon filing.
Purpose: The purpose of this emergency rule is to set landing provisions for coastal commercial crab fishers.
Citation of Rules Affected by this Order: Amending WAC 220-340-420.
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: Limiting landings from Oregon into ports in southern Washington provides access to landing areas in Washington in a manner that minimizes enforcement concerns with transiting Dungeness crab through areas that are closed in Washington. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: January 2, 2024.
Amy H. Windrope
for Kelly Susewind
Director
NEW SECTION
WAC 220-340-42000SCommercial crab fishery—Unlawful acts.
Notwithstanding the provisions of WAC 220-340-420, effective immediately until further notice:
(1) Vessels that participate in the Dungeness crab fishery south of Cape Falcon, OR (45º46.00 N. Lat.) may not deliver crab north of the Columbia River except into the ports of Ilwaco and Chinook until further notice. Such vessels must adhere to the Oregon Department of Fish and Wildlife closed area transit allowance requirements.
(2) All other provisions of the permanent rule remain in effect.