WSR 24-05-034
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 24-17—Filed February 13, 2024, 5:10 p.m., effective February 15, 2024]
Effective Date of Rule: February 15, 2024.
Purpose: This emergency rule increases the commercial pot limit in Crab Management Regions 1 and 3-1.
WAC 220-340-45500G removes language that has since been implemented by permanent rule.
WAC 220-340-47000C increases the pot limit in Crab Management Region 1 and Crab Management Subregion 3-1 to 60 pots per license effective February 15, 2024.
Citation of Rules Affected by this Order: Repealing WAC 220-340-45500F and 220-340-47000B; and amending WAC 220-340-455 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: The pot limit in Region 1 and Subregion 3-1 has been increased to 60 pots per license following coordination with industry. There is sufficient allocation remaining to accommodate harvest in the Puget Sound commercial crab fishery in Regions 1, 3-1, 3-2, 3-3, and 3-4 until further notice. Crab Management Regions 2-West and 2-East will remain closed due to the attainment of the state share. These provisions are in conformity with the last agreed [to] management plans with applicable tribes. Comanagement 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. There is insufficient time to adopt permanent rules. Further adjustment of season structure may be made pending updated harvest data.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 2, Amended 0, Repealed 2.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.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: February 13, 2024.
Kelly Susewind
Director
NEW SECTION
WAC 220-340-45500GCommercial crab fishery—Seasons and areas—Puget Sound.
Notwithstanding the provisions of WAC 220-340-455, effective February 15, 2024, until further notice:
Harvest of Dungeness crab in Puget Sound is permitted during the "Open period" indicated in the following table. On the opening date harvest will be permitted starting at 8:00 a.m. Harvest for these areas after the opening date is permitted 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) | Effective Period |
Region 1, MFSF Catch Areas 21A, 21B, and 22B | Immediately, through March 31, 2024. |
Region 1, Marine Fish-Shellfish Catch Areas 22A, 20A, and 20B | Immediately, through April 15, 2024. |
Region 2E, excluding Everett Flats CSMA (WAC 220-320-120(3)) | Closed. |
Region 2E, Everett Flats CSMA (WAC 220-320-120(3)) | Closed. |
Region 2W, not including Port Townsend Bay CSMA (WAC 220-320-120(5)) | Closed. |
Region 2W, Port Townsend Bay CSMA (WAC 220-320-120(5)) | Closed. |
Subregion 3-1 | Immediately, through March 31, 2024. |
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 March 31, 2024. |
Subregion 3-2, Discovery Bay CSMA (WAC 220-320-120 (1)(a)) | Immediately through March 31, 2024. |
Subregion 3-2, Sequim Bay CSMA (WAC 220-320-120(6)) | Immediately through March 31, 2024. |
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, 2024. |
Subregion 3-4 | Immediately through April 15, 2024. |
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 220-340-47000CCommercial crab fishery—Gear limits—Puget Sound and Marine Fish-Shellfish Management and Catch Reporting Areas
Notwithstanding the provisions of 220-340-470, effective February 15, 2024, until further notice:
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 | 60 |
Region 1, Marine Fish-Shellfish Catch Areas 22A, 20A, and 20B | 60 |
Region 2E, excluding Everett Flats CSMA (WAC 220-320-120(3)) | 0 |
Region 2E, Everett Flats CSMA (WAC 220-320-120(3)) | 0 |
Region 2W, not including Port Townsend Bay CSMA (WAC 220-320-120(5)) | 0 |
Region 2W, Port Townsend Bay CSMA (WAC 220-320-120(5)) | 0 |
Subregion 3-1 | 60 |
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)). | 50 |
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 | 50 |
Subregion 3-4 | 50 |
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 Washington Administrative Code are repealed, effective February 15, 2024:
WAC 220-340-45500F | Commercial crab fishery—Seasons and areas—Puget Sound. (24-07) |
WAC 220-340-47000B | Commercial crab fishery—Gear limits—Puget Sound and Marine Fish-Shellfish Management and Catch Reporting Areas. (24-11) |