WSR 17-22-102
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 17-300—Filed October 30, 2017, 4:38 p.m., effective October 31, 2017, 6:00 p.m.]
Effective Date of Rule: October 31, 2017, 6:00 p.m.
Purpose: Amend commercial crab rules in Puget Sound.
Citation of Rules Affected by this Order: Repealing WAC 220-340-42000F and 220-340-45500D; and amending WAC 220-340-420.
Statutory Authority for Adoption: RCW 77.04.012, 77.04.020, 77.12.045, 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: The provisions of this rule will maintain the closure of Puget Sound region. The rule will close Regions 2 East, 2 West and 3-2 as outlined in WAC. These areas are closing early to allow for the use of the remaining allocation during a future opener. Region 2 East is being closed to allow treaty fishers to match the current landings by the State fisheries. Regions 3-1, 3-3 East and 3-3 West will remain open to allow additional opportunity in these technically challenging regions. These provisions are in conformity with agreed management plans with applicable tribes. These management plans were 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 2.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: October 30, 2017.
J. W. Unsworth
Director
NEW SECTION
WAC 220-340-42000G Commercial crab fishery—unlawful acts.
Notwithstanding the provisions of WAC 220-340-420:
(1) Effective immediately, until further notice, it is unlawful for any person to fish for crabs for commercial purposes in Crab Management Regions 1. This region includes Marine Fish-Shellfish Catch Reporting Areas 20A, 20B, 21A, 21B, 22A and 22B.
(2) Effective 6:00 p.m., October 31, 2017, until further notice, it is unlawful for any person to fish for crabs for commercial purposes in Crab management Region 2 East, 2 West or 3-2. These regions include Marine Fish-Shellfish Catch Reporting Areas 24A, 24B, 24C, 24D, 25A, 25B, 25D, 25E, 26A East, 26A West.
(3) Effective immediately, until further notice, it is unlawful for any person to fish for crabs with more than 50 pots per license per buoy tag number in Region 3-1, 3-3 East or 3-3 West. These regions include Marine Fish-Shellfish Catch Reporting Areas 23A, 23B, 23C and 29.
(4) All remaining buoy tags per license per region must be onboard the designated vessel and available for immediate inspection.
Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
REPEALER
The following section of the Washington Administrative code are repealed effective 6:00 p.m. October 31, 2017:
WAC 220-340-42000F
Commercial crab fisheryLawful and unlawful gear, methods, and other unlawful acts. (17-298)
WAC 220-340-45500D
Commercial crab fisherySeasons and areasPuget Sound. (17-298)
Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.