WSR 14-21-107 EMERGENCY RULES DEPARTMENT OF FISH AND WILDLIFE [Order 14-302—Filed October 15, 2014, 4:50 p.m., effective October 15, 2014, 7:00 p.m.] Effective Date of Rule: October 15, 2014, 7:00 p.m.
Purpose: Amend commercial fishing rules.
Citation of Existing Rules Affected by this Order: Repealing WAC 220-52-04000N, 220-52-04600A and 220-52-04600B; and amending WAC 220-52-040 and 220-52-046.
Statutory Authority for Adoption: RCW 77.04.012, 77.04.020, 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: This emergency rule closes regions 2-east and 2-west. The state will have reached its initial allocation in these Regions on October 15, 2014. All remaining commercial harvest areas in Puget Sound will remain open as sufficient allocation is available in these additional commercial regions to remain open. This emergency rule conforms with agreed management plans with applicable tribes, 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.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 0, Repealed 3.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: October 15, 2014.
Joe Stohr
for Philip Anderson
Director
NEW SECTION
WAC 220-52-04000P Commercial crab fishery—Lawful and unlawful gear, methods, and other unlawful acts.
Notwithstanding the provisions of WAC 220-52-040:
(1) Additional area gear limits. The following Marine Fish-Shellfish Management and Catch Reporting Areas are restricted in the number of pots fished, operated, or used by a person or vessel, and it is unlawful for any person to use, maintain, operate, or control pots in excess of the following limits: No commercial gear is allowed in that portion of Marine Fish-Shellfish Management and Catch Reporting Area 25A west of the 123º7.0' longitude line projected from the new Dungeness light due south to the shore of Dungeness Bay.
(2) Effective 7:00 p.m. October 15, 2014, until further notice, it is unlawful for any person to fish for crabs for commercial purposes with more than 50 pots per license per buoy tag number in Crab Management Region 1. This region includes Marine Fish-Shellfish Catch Reporting Areas 20A, 20B, 21A, 21B, 22A, and 22B.
(3) The remaining buoy tags per license per region must be onboard the designated vessel and available for inspection.
NEW SECTION
WAC 220-52-04600C Puget Sound crab fishery—Seasons and areas.
Notwithstanding the provisions of WAC 220-52-046:
(1) Effective immediately, until further notice, 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 p.m., Wednesday, October 15, 2014, until further notice, Crab Management Regions 2-east and 2-west. Region 2-east includes Marine Fish-Shellfish Management and Catch Reporting Areas 24A, 24B, 24C, 24D, and 26A-E. Region 2-west includes Marine Fish-Shellfish Management and Catch Reporting Areas 25B, 25D, and 26A-W.
(b) Effective immediately, until further notice, that portion of Marine Fish-Shellfish Management and Catch Reporting Area 25A west of the 123º7.0' longitude line projected from the new Dungeness light due south to the shore of Dungeness Bay.
(c) Effective immediately, until further notice, that portion of Marine Fish-Shellfish Management and Catch Reporting Area 23D west of a line from the eastern tip of Ediz Hook to the ITT Rayonier Dock.
(d) Effective immediately, until further notice, those waters of Marine Fish-Shellfish Management and Catch Reporting Area 24A east of a line projected true north from the most westerly tip of Skagit Island and extending south to the most westerly tip of Hope Island, thence southeast to Seal Rocks, thence southeast to the green can buoy at the mouth of Swinomish Channel, thence easterly to the west side of Goat Island.
REPEALER
The following section[s] of the Washington Administrative Code is [are] repealed effective 7:00 p.m. October 15, 2014:
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