WSR 98-20-004
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 98-203--Filed September 24, 1998, 2:11 p.m.]
Date of Adoption: September 24, 1998.
Purpose: Commercial fishing regulations.
Statutory Authority for Adoption: RCW 75.08.080.
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 initial setting of crab gear is a fishing activity associated with the effort to fish for crab. Once gear is set, whether baited or unbaited, it is capable of taking crab, and any operation of such gear is fishing. Historically, many crab fishers on the coast have set gear using vessels other than the vessels that will harvest and land the crab (designated vessels), and this practice has been intermittently permitted in Puget Sound. A recent interpretation of the initial setting of crab gear as fishing for crab has implied that use of nondesignated vessels for the initial setting of crab gear is illegal. This has generated substantial uncertainty in the crab fisheries, and has created a disorderly fishery. Additionally, there are safety concerns if smaller vessels overload to set gear at the opening of the crab seasons. Lastly, not allowing initial setting of gear by nondesignated vessels eliminates equity of initial opportunity between large vessel fishers and small vessel fishers. This rule allows nondesignated vessels to initially set gear during the coastal "soak" period, and during the first forty-eight hours of the coastal and Puget Sound crab fisheries. This rule is intended to eliminate a disorderly fishery and to reduce safety concerns and inequity between fishers, thus providing for the economic well-being of the industry. The department finds that the above orderly fishery, safety, and equity concerns should be addressed, and are the basis for adopting this emergency rule. There is insufficient time to adopt permanent rules as the Puget Sound crab fishery begins on October first and the coastal season on December first.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.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 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.
Effective Date of Rule: Immediately.
September 24, 1998
Larry W. Peck
Acting Director
NEW SECTION
WAC 220-52-04700A Crab pot gear setting. Dungeness crab pots may be deployed between 8:00 a.m. November 28th and 11:59 p.m December 2nd in coastal, Grays Harbor, Willapa Bay or Columbia River waters, and between 8:00 a.m. October 1st and 7:59 a.m. October 3rd in Puget Sound waters on behalf of a licensed crab fisher from a vessel not designated on his or her Puget Sound or Coastal Dungeness crab license provided deployment of the pots is under the supervision, permission, or control of the licensed fisher.
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