WSR 20-14-061
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 20-120—Filed June 26, 2020, 12:59 p.m., effective July 5, 2020]
Effective Date of Rule: July 5, 2020.
Purpose: The purpose of this rule is to set coastal commercial crab fishery weekly landing limits and define weekly periods.
Citation of Rules Affected by this Order: Repealing WAC 220-340-42000B; 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 weekly landing limit and period is necessary to mitigate handling mortality from sorting soft-shelled crab and provide for an orderly fishery. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: June 26, 2020.
Kelly Susewind
Director
NEW SECTION
WAC 220-340-42000BCommercial crab fishery—Unlawful acts.
Effective July 5, 2020 through September 15, 2020, the following provisions of WAC 220-340-420 regarding coastal commercial crab landing periods shall be as described below. All other provisions of WAC 220-340-420 not addressed herein, or unless otherwise amended by emergency rule, remain in effect:
(1) Effective 12:01 a.m. July 5 through September 15, 2020, it is unlawful for any person licensed to fish under a Dungeness crab-coastal fishery license to possess or land crab in excess of 2,500 pounds taken during each of the following coastal crab accounting periods:
July 5 - July 11, 2020
July 12 - July 18, 2020
July 19 - July 25, 2020
July 26 - August 1, 2020
August 2 - August 8, 2020
August 9 - August 15, 2020
August 16 - August 22, 2020
August 23 - August 29, 2020
August 30 - September 5, 2020
September 6 - September 12, 2020
September 13 - September 15, 2020
(2) Any crab taken prior to July 5, 2020, and not landed before 11:59 p.m. July 4, 2020, become part of the July 5 through July 11, 2020 accounting period catch.
(3) It is unlawful for any person taking crab under subsection (1) of this section to fish for crab during any accounting period while having on board any crab taken in a different accounting period.
(4) All other provisions of the permanent rule remain in effect.
REPEALER
The following section of the Washington Administrative Code is repealed effective September 16, 2020:
WAC 220-340-42000B
Commercial crab fishery—Unlawful acts.