WSR 14-08-058 EMERGENCY RULES DEPARTMENT OF FISH AND WILDLIFE [Order 14-69—Filed March 28, 2014, 4:23 p.m., effective March 31, 2014, 7:00 p.m.] Effective Date of Rule: March 31, 2014, 7:00 p.m.
Purpose: Amend commercial fishing rules.
Citation of Existing Rules Affected by this Order: Repealing WAC 220-52-04000H and 220-52-04600X; 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 regulation closes Region 3, subareas 1 and 2. The fishery has reached the ending date agreed to in the Region 3 Management Plans. This regulation outlines a three day gear recovery period for Region 3-2 following the closure. This emergency regulation also maintains the closure of Region 2 West and Region 2 East where the Puget Sound state commercial fishery has reached its allocation and ending dates. Additionally, this regulation initiates the closure of the eastern half of Region 1 (MFSF Catch Areas 21A, 21B and 22B). With the implementation of this regulation the only remaining Puget Sound state commercial areas open for fishing will be Region 3-3 (MFSF Catch Areas 23C and 29) and the western half of Region 1 (MFSF Catch Areas 20A, 20B and 22A). The current pot limit in Region 3-3 is one hundred pots per license. The current pot limit in the western half of Region 1 will be fifty pots per license per buoy tag number. The Puget Sound commercial season is structured to meet harvest allocation objectives negotiated with applicable treaty tribes. There is insufficient time to adopt permanent regulations.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 0, Repealed 2.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.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: March 28, 2014.
Philip Anderson
Director
NEW SECTION
WAC 220-52-04000I 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 50 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) The remaining buoy tags per license per region must be onboard the designated vessel and available for inspection.
NEW SECTION
WAC 220-52-04600Y Puget Sound crab fishery—Seasons and areas.
Notwithstanding the provisions of WAC 220-52-046:
(1) It is permissible to fish for Dungeness crab for commercial purposes in the following areas:
(a) Effective immediately, until further notice, 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) Effective from Tuesday, April 1, 2014, at 6:30 AM until Monday, April 7, 2014 at 7:00 PM. 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.
(c) Effective 7:00 AM, Tuesday, April 1, 2014, until 7:00 PM, Tuesday, April 15, 2014, Crab Management Region 3, subarea 3. This includes Marine Fish-Shellfish Management and Catch Reporting Areas 23C and 29.
(2) The following areas are closed to commercial crab fishing:
(a) Crab Management Region 2 East and Region 2 West. These regions include Marine Fish-Shellfish Management and Catch Reporting Areas 24A, 24B, 24C, 24D, 26A East, 26A West, 25B and 25D. Effective immediately, until further notice, Crab Management Region 2 West. This includes Marine Fish-Shellfish Management and Catch Reporting Areas 25B, 25D, and 26A West.
(b) Effective 7:00 PM, Monday, March 31, 2014, until further notice, the eastern half of Region 1. This includes Marine Fish-Shellfish Management and Catch Reporting Areas 21A, 21B and 22B.
(c) Effective 7:00 PM, Monday, April 7, 2014, until further notice, the southern half of the San Juan Island section of Region 1. This includes Marine Fish-Shellfish Management and Catch Reporting Area 22A.
(d) Effective 7:00 PM, Monday, March 31, 2014, until further notice, Crab Management Region 3, subarea 1. This includes Marine Fish-Shellfish Management and Catch Reporting Areas 23A and 23B.
(e) Effective 7:00 PM, Monday, March 31, 2014, until further notice, Crab Management Region 3, subarea 2. This region includes Marine Fish-Shellfish Management and Catch Reporting Areas 23D, 25A, and 25E.
(i) Crab fishers in Region 3, subarea 2 will be allowed a gear removal period after March 31, 2014.
(ii) Fishers may continue to store crab gear in catch areas 23D, 25A, and 25E, until 7:00 PM, Thursday, April 3, 2014. Gear that is stored in the water after March 31 cannot contain any bait and must have the pot door secured open.
(iii) No crab may be retained, possessed, tanked or landed from these catch areas after March 31, 2014.
REPEALER
The following sections of the Washington Administrative Code are repealed effective 7:00 PM, March 31, 2014:
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