WSR 17-07-039
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 17-45—Filed March 8, 2017, 1:56 p.m., effective March 9, 2017, 6:30 p.m.]
Effective Date of Rule: March 9, 2017, 6:30 p.m.
Purpose: Amend fishing rules for the Puget Sound commercial crab fishery.
Citation of Existing Rules Affected by this Order: Repealing WAC 220-52-04000D; and amending WAC 220-52-040.
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 rule will keep the commercial crab harvest open in Regions 1, 3-1 and 3-3. There is sufficient allocation available in these regions to accommodate the continued fishery. This regulation maintains the closure of the fishery in Region 2 East. This regulation will maintain the closure of the commercial crab fishery in Region 2 West and Region 3-2. The commercial fishery has reached its current allocation in these regions. These provisions are in conformity with agreed management plans with applicable tribes. These management 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. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: March 8, 2017.
Joe Stohr
for J. W. Unsworth
Director
NEW SECTION
WAC 220-52-04000E Commercial crab fishery—Lawful and unlawful gear, methods, and other unlawful acts.
Notwithstanding the provisions of WAC 220-52-040:
(1) Effective immediately, until further notice, it is unlawful for any person to fish for crabs for commercial purposes with more than 75 pots per license per buoy tag number in Crab Management Region 1, and Region 3-3. These regions include Marine Fish-Shellfish Catch Reporting Areas 20A, 20B, 21A, 21B, 22A, 22B, 23A, 23C and 29.
(2) Effective immediately, 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 3-1. The region includes Marine Fish-Shellfish Catch Reporting Areas 23A, and 23B.
(3) All remaining buoy tags per license per region must be onboard the designated vessel and available for immediate inspection.
(4) Effective immediately, until further notice, Crab Management Region 2 East is CLOSED. This region includes Marine Fish-Shellfish Catch Reporting Areas 24A, 24B, 24C, 24D and 26A East.
(5) Effective immediately, until further notice, Crab Management Region 2 West is CLOSED. This region includes Marine Fish-Shellfish Catch Reporting Areas 25B, 25D and 26A West.
(6) Effective immediately, until further notice, Crab Management Region 3-2 is CLOSED. This region includes Marine Fish-Shellfish Catch Reporting Areas 23D, 25A, and 25E.
REPEALER
The following section of the Washington Administrative code is repealed effective 6:30 p.m. March 9, 2017:
WAC 220-52-04000D
Commercial crab fisheryLawful and unlawful gear, methods, and other unlawful acts. (17-28)