WSR 25-01-066
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 24-282—Filed December 11, 2024, 4:21 p.m., effective December 11, 2024, 4:21 p.m.]
Effective Date of Rule: Immediately upon filing.
Purpose: The purpose of this emergency rule is to amend commercial crab fishing regulations in Puget Sound.
WAC 220-340-45500Q:
(1) Opens Region 2-East on December 13, 2024, at 8:00 a.m.
(2) Opens Region 2-West on December 13, 2024, at 8:00 a.m.
(3) Closes Region 3-4 on December 13, 2024.
WAC 220-340-47000M:
(1) Increases the Region 1 pot limit to 60 pots per license.
(2) Sets the Region 2-East pot limit to 20 pots per license.
(3) Sets the Region 2-West pot limit to 20 pots per license.
(4) Maintains current pot limits in Regions 3-2, 3-3, and 3-4.
Citation of Rules Affected by this Order: Repealing WAC 220-340-45500P and 220-340-47000L; and amending WAC 220-340-455 and 220-340-470.
Statutory Authority for Adoption: RCW 77.04.012, 77.04.020, 77.12.045, and 77.12.047.
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: Regions 2-East and 2-West will open on December 13, 2024, at 8:00 a.m. to harvest the remaining available quota in those areas. Region 3-4 will close on December 13, 2024, due to quota attainment. The Region 1 pot limit will be increased to 60 pots per license. This rule maintains current pot limit levels in Regions 3-2, 3-3, and 3-4. There is sufficient allocation remaining to allow continued harvest in Puget Sound commercial crab fisheries in Regions 1, 3-2, and 3-3, until further notice. These provisions are in conformity with agreed 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. Further adjustments 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.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: December 11, 2024.
Amy H. Windrope
for Kelly Susewind
Director
NEW SECTION
WAC 220-340-45500QCommercial crab fisherySeasons and areasPuget Sound.
Notwithstanding the provisions of WAC 220-340-455, effective immediately, 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)
Open Period
Region 1, MFSF Catch Areas 21A, 21B, and 22B
Immediately, until further notice.
Region 1, Marine Fish-Shellfish Catch Areas 22A, 20A, and 20B
Immediately, until further notice.
Region 2E, excluding Everett Flats CSMA (WAC 220-320-120(3))
December 13, 2024, until further notice.
Region 2E, Everett Flats CSMA (WAC 220-320-120(3))
December 13, 2024, until further notice.
Region 2W, not including Port Townsend Bay CSMA (WAC 220-320-120(5))
December 13 through December 16, 2024.
Region 2W, Port Townsend Bay CSMA (WAC 220-320-120(5))
December 13 through December 16, 2024.
Subregion 3-1
Closed, until further notice.
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, until further notice.
Subregion 3-2, Discovery Bay CSMA (WAC 220-320-120 (1)(a))
Immediately, until further notice.
Subregion 3-2, Sequim Bay CSMA (WAC 220-320-120(6))
Immediately, until further notice.
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, until further notice.
Subregion 3-4
Immediately, through December 13, 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 220-340-47000MCommercial crab fisheryGear limitsPuget Sound and Marine Fish-Shellfish Management and Catch Reporting Areas
Notwithstanding the provisions of 220-340-470, effective Immediately, until further notice:
Effective during the "Open period" listed in WAC 220-340-45500P it is 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))
20
Region 2E, Everett Flats CSMA (WAC 220-320-120(3))
20
Region 2W, not including Port Townsend Bay CSMA (WAC 220-320-120(5))
20
Region 2W, Port Townsend Bay CSMA (WAC 220-320-120(5))
20
Subregion 3-1
0
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)).
60
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 immediately:
WAC 220-340-45500P
Commercial crab fisherySeasons and areasPuget Sound. (24-273)
WAC 220-340-47000L
Commercial crab fisheryGear limitsPuget Sound and Marine Fish-Shellfish Management and Catch Reporting Areas. (24-273)