WSR 13-09-009

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 13-64 -- Filed April 5, 2013, 11:25 a.m. , effective April 5, 2013, 11:25 a.m. ]


     Effective Date of Rule: Immediately.

     Purpose: Amend commercial fishing rules.

     Citation of Existing Rules Affected by this Order: Repealing WAC 220-52-04600L; and amending WAC 220-52-046.

     Statutory Authority for Adoption: RCW 77.12.047 and 77.04.020.

     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: This emergency regulation closes Region 1. The fishery will reach its full allocation in this region by the time of the closure. This emergency regulation also maintains the closure of Regions 3-1, 3-2 and 3-3 where the commercial fishery has reached its ending dates. This emergency regulation also maintains the closure of Region 2 West and Region 2 East where the Puget Sound state commercial fishery has reached its allocation and ending dates. This regulation will end the 2012-13 Puget Sound state commercial season at 7:00 p.m., April 9, 2013. The Puget Sound commercial season is structured to meet harvest allocation objectives negotiated with applicable treaty tribes. There is insufficient time to adopt permanent regulations.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 5, 2013.

Philip Anderson

Director


NEW SECTION
WAC 220-52-04600M   Puget Sound crab fishery -- Seasons and areas.   Notwithstanding the provisions of WAC 220-52-046:

     (1) Effective immediately, until 7:00 PM, Tuesday, April 9, 2013, it is permissible to fish for Dungeness crab for commercial purposes in the following areas:

     (a) Those waters of Marine Fish-Shellfish Management and Catch Reporting Area 20A between a line from the boat ramp at the western boundary of Birch Bay State Park to the western point of the entrance of the Birch Bay Marina, and a line from the same boat ramp to Birch Point.

     (b) Those waters of Marine Fish-Shellfish Management and Catch Reporting Area 22B in Fidalgo Bay south of a line projected from the red number 4 entrance buoy at Cape Sante Marina to the northern end of the eastern-most oil dock.

     (c) Those waters of Marine Fish-Shellfish Management and Catch Reporting Area 22A in Deer Harbor north of a line projected from Steep Point to Pole Pass.

     (2) The following areas are closed to commercial crab fishing:

     (a) Effective at 7:00 PM, Tuesday, April 9, 2013, until further notice, Crab Management Region 1. This region includes Marine Fish-Shellfish Management and Catch Reporting Areas 20A, 20B, 21A, 21B, 22A and 22B.

     (b) Effective immediately, until further notice, Crab Management Region 2 West. This region includes Marine Fish-Shellfish Management and Catch Reporting Areas 25B, 25D and 26A West.

     (c) Effective immediately, until further notice, Crab Management Region 2 East. This region includes Marine Fish-Shellfish Management and Catch Reporting Areas 24A, 24B, 24C, 24D and 26A East.

     (d) Effective immediately, until further notice, Crab Management Region 3, subarea 3. This region includes Marine Fish-Shellfish Management and Catch Reporting Areas 23C and 29.

     (e) Effective immediately, until further notice, Crab Management Region 3, subarea 2. This region includes Marine Fish-Shellfish Management and Catch Reporting Areas 23D, 25A and 25E.

     (f) Effective immediately, until further notice, Crab Management Region 3, subarea 1. This region includes Marine Fish-Shellfish Management and Catch Reporting Areas 23A and 23B.

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REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 220-52-04600L Puget Sound crab fishery -- Seasons and areas. (13-57)