WSR 15-01-171 EMERGENCY RULES DEPARTMENT OF
FISH AND WILDLIFE
[Order 14-350—Filed December 23, 2014, 1:39 p.m., effective December 28, 2014, 5:00 p.m.] Effective Date of Rule: December 28, 2014, 5:00 p.m.
Purpose: Amend commercial fishing rules.
Citation of Existing Rules Affected by this Order: Repealing WAC 220-52-04000T and 220-52-04600G; 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 the commercial crab harvest in Region 2 East of Puget Sound as the commercial allotment in Region 2 East will be reached at that time. This emergency rule maintains the commercial crab closure in Region 2 West. There is sufficient allocation available in the remaining commercial regions to allow those regions to remain open. These provisions are in conformity 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 0, Repealed 2.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 23, 2014.
Philip Anderson
Director
NEW SECTION
WAC 220-52-04000V Commercial crab fishery—Lawful and unlawful gear, methods, and other unlawful acts.
Notwithstanding the provisions of WAC 220-52-040, effective 5:00 p.m. December 28, 2014, until further notice:
(1) It is unlawful for any person to fish for crabs for commercial purposes with more than 30 pots per license per buoy tag number in Crab Management Region 1. This region includes Marine Fish-Shellfish Management and Catch Reporting Areas 20A, 20B, 21A, 21B, 22A and 22B.
(2) 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 3-2. This region includes Marine Fish-Shellfish Catch Reporting Areas 23D, 25A and 25E.
(3) The remaining buoy tags per license per region over the pot limits for the area fished must be onboard the designated vessel and available for inspection.
NEW SECTION
WAC 220-52-04600H Puget Sound crab fishery—Seasons and areas.
Notwithstanding the provisions of WAC 220-52-046, effective 5:00 p.m. December 28, 2014, until further notice:
(1) 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) That portion of Marine Fish-Shellfish Management and Catch Reporting Area 25A west of the 123° 7.0' longitude line projected from the new Dungeness light due south to the shore of Dungeness Bay.
(b) 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.
(c) 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.
(d) All of Crab Management Region 2 West. Region 2 West includes Marine Fish-Shellfish Management and Catch Reporting Areas 25B, 25D, and 26A-West.
(e) All of Crab Management Region 2 East. Region 2 East includes Marine Fish-Shellfish Management and Catch Reporting Areas 24A, 24B, 24C, 24D and 26A East.
REPEALER
The following sections of the Washington Administrative code are repealed effective 5:00 p.m. December 28, 2014:
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