WSR 21-24-002
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 21-258—Filed November 17, 2021, 2:58 p.m., effective November 17, 2021, 2:58 p.m.]
Effective Date of Rule: Immediately upon filing.
Purpose: The purpose of this emergency rule is to close the Puget Sound commercial crab fishery in region 3-2, effective November 19, 2021, at 5:00 p.m. The provisions of this emergency rule:
WAC 220-340-42000U:
(1) Requires all crab harvested to be delivered to an original receiver or recorded on a shellfish transportation ticket within 36 hours of harvest. Requires separate transportation tickets to be completed for each day's harvest not delivered to an original receiver that is stored off the fishing vessel. Implements a 10-day restriction on the length of time that crab may be stored off-vessel before being delivered to an original receiver.
(2) Implements a labeling requirement for crab that are stored off-vessel.
(3) Implements a labeling requirement for crab that are stored off-vessel and not delivered to an original receiver within 36 hours.
WAC 220-340-45500D:
(1) Defines subareas east and west of Marine Fish Shellfish Catch Reporting Area 23C to align with agreed to boundaries within Region 3 2021-2022 crab management plan.
(2) Opens Puget Sound commercial crab harvest in Crab Management Regions 2 West, 3-1, 3-2, and 3-3 effective immediately. Closes commercial harvest in Crab Management Region 3-2 effective November 19, 2021 due to attainment of quota. Describes hard closure dates by crab management region. Maintains closure of Crab Management Region 2 East, which closed October 17, 2021, at 11:59 p.m. and Crab Management Region 1 which closed on November 3, 2021, at 7:30 p.m.
(3) Closes Port Angeles Harbor to commercial crab harvest due to public health decrees.
(4) Closes commercial crab harvest in Crab Management Region 3-4 until further notice.
(5) Closes areas to state commercial [crab harvest] that have been agreed to in regional management plans.
(6) Repeals areas where recreational and tribal harvest has been allowed that state commercial harvest has been historically limited.
(7) Repeals areas where recreational and tribal harvest has been allowed that state commercial harvest has been historically closed.
WAC 220-340-47000B:
(1) Allows deployment of up to 50 pots per license for the commercial harvest of Dungeness crab in Crab Management Region 2 West.
(2) Allows deployment of up to 50 pots per license for the commercial harvest of Dungeness crab in Crab Management Region 3-2, until November 19, 2021, at 5:00 p.m.
(3) Allows deployment of up to 40 pots per license for the commercial harvest of Dungeness crab in Crab Management Region 3-1.
(4) Allows deployment of up to 60 pots per license for the commercial harvest of Dungeness crab in Crab Management Region 3-3.
(5) Requires undeployed buoy tags to be retained for inspection.
WAC 220-352-34000M:
(1) Clarifies the Puget Sound commercial dealer quick reporting requirements.
(2) Implements a Puget Sound "stored crab" harvest report requirement for crab not delivered to an original receiver with[in] 36 hours of harvest.
(3) Implements a Puget Sound sales report requirement for stored crab that have been reported but not landed.
(4) Implements a registration requirement for commercial license holders to notify the department which crab management area a license will be fishing in.
Citation of Rules Affected by this Order: Repealing WAC 220-340-42000T, 220-340-45500C, 220-340-47000A and 220-352-34000L; and amending WAC 220-340-420, 220-340-455, 220-340-470, and 220-352-340.
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: There is sufficient allocation available in [Region] 3-2 to accommodate harvest through November 19, 2021. There is sufficient allocation available in [Regions] 2 West, 3-1, and 3-3 to accommodate continued commercial harvest. These provisions are in conformity with agreed regional management plans with applicable tribes or in accordance with procedures proscribed in the shellfish implementation plan when no annual regional management plan agreement has been reached. 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. Further adjustment of season structure may be made pending updated harvest data. Changes to filing WSR 21-22-101 will make this emergency rule more enforceable. 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 4, Amended 0, Repealed 4.
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: November 17, 2021.
Kelly Susewind
Director
NEW SECTION
WAC 220-340-42000UCommercial crab fishery—Unlawful acts.
Notwithstanding the provisions of WAC 220-340-420:
(1) Crab Management Region 1 includes Marine Fish-Shellfish (MFSF) Catch Reporting Areas 20A, 20B, 21A, 21B, 22A, 22B. Crab Management Region 2E includes MFSF Catch Reporting Areas 24A, 24B, 24C, 24D, and 26A East. Crab Management Region 2 West includes MFSF Catch Reporting Areas 25B, 25D, and 26A West. Crab Management Region 3-1 includes MFSF Catch Reporting Areas 23A and 23B. Crab Management Region 3-2 includes MFSF Catch Reporting Areas 25A, 25E, and 23D. Crab Management Region 3-3 includes MFSF Catch Reporting Areas 23C East, and Crab Management Region 3-4 consists of 23C West and 29.
(2) Effective immediately, until further notice, all crab removed from a vessel licensed in Puget Sound that are not delivered to an original receiver within 36 hours must be recorded on a commercial fish and shellfish transportation ticket. Separate commercial fish and shellfish transportation tickets must be filled out for each day's harvest stored this way. It is illegal to store crab prior to delivery and completion of a fish receiving ticket for more than 10 days.
(3) Effective immediately, until further notice, all crab that have been removed from a vessel must be stored in containers labeled with the following:
(a) date of harvest,
(b) an estimate of pounds of crab contained,
(c) either the Marine Fish-Shellfish (MFSF) Catch Reporting Area or the Crab Management Region the catch originated from.
(4) Effective immediately, until further notice, all crab that have been removed from a vessel and are not delivered to an original receiver within 36 hours must be stored in containers labeled with the following:
(a) date of harvest,
(b) an estimate of pounds of crab contained,
(c) either the Marine Fish-Shellfish (MFSF) Catch Reporting Area or the Crab Management Region the catch originated from, and
(d) Commercial fish and shellfish transportation ticket number.
NEW SECTION
WAC 220-340-45500DCommercial crab fishery—Seasons and areas—Puget Sound.
Notwithstanding the provisions of WAC 220-340-455:
(1) For the purposes of crab harvest allocation, fishing season, and catch reporting, the following Marine Fish-Shellfish Catch Reporting Areas are modified as follows:
(a) Catch Area 23C East (23C-E) includes those waters of Puget Sound westerly of a line due north from the Ediz Hook light to the international boundary; and easterly of a line projected due north from Low Point.
(b) Catch Area 23C West (23C-W) includes those waters of Puget Sound westerly of a line due north from Low Point to the international boundary; and easterly of a line projected due north from the mouth of the Sekiu River.
(2) It is permissible to harvest Dungeness crab for commercial purposes from the following areas as listed:
(a) Region 2 West:
Crab Management Region 2-W; effective immediately through February 15, 2022.
(b) Region 3:
(i) Crab Management Region 3-1; effective immediately until further notice.
(ii) Crab Management Region 3-2; effective immediately until November 19, 2021 at 5:00 p.m..
(iii) Crab Management Region 3-3; effective immediately until further notice.
(3) Public Health Closures: effective immediately, until further notice, the following areas are closed to commercial crab fishing:
That portion of Marine Fish/Shellfish Catch Area 23D west of a line from the eastern tip of Ediz Hook to the ITT Rayonier Dock.
(4) Effective immediately, until further notice, the following areas are closed to commercial crab fishing: Crab Management Regions 1, 2E, and 3-4.
(5) Management Plan Tribal Exclusive Closures: effective immediately, until further notice, the following areas are closed to commercial crab fishing:
Region 3-2:
Those waters of Marine Fish-Shellfish Management and Catch Reporting Area 25A previously described as "west of a line from the new Dungeness Light to the abandoned dock at the Three Crabs Restaurant" now described as the Dungeness Bay Special Management Area which include all waters of Dungeness Bay west of the 123°6.50' Longitude line originating from the New Dungeness Light (48°10.90'N, 123°6.50'W).
(6) Limited Commercial Areas: It is permissible to harvest Dungeness crab for commercial purposes from the following areas as listed:
Region 2 West, effective immediately, until further notice:
Those waters of Marine Fish-Shellfish Management and Catch Reporting Area 26A-W in Useless Bay north and east of a line from the south end of the Double Bluff State Park seawall (47°58.782'N, 122°30.840'W) projected 110 degrees true to the boulder on shore (47°57.690'N, 122°26.742'W).
(7) Commercial exclusion areas: It is permissible to harvest crab for commercial purposes from the following areas as listed:
Region 3-2, effective immediately, until further notice:
Those waters of Discovery Bay, Area 25E south of a line from Contractors Point to Tukey Point.
Reviser's note: The spelling 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. NEW SECTION
WAC 220-340-47000BCommercial crab fishery—Gear limits—Puget Sound and marine fish-shellfish management and catch reporting areas.
Notwithstanding the provisions of WAC 220-340-470:
(1) Effective immediately, until further notice, it is unlawful for any person to harvest crabs for commercial purposes with more than 50 pots per license per buoy tag number in Crab Management Region 2 West with the following exceptions:
Region 2 West:
Commercial harvest is limited to 20 pots per license in those waters of Marine Fish-Shellfish Management and Catch Reporting Area 25D within a line projected from the Point Hudson Marina entrance to the northern tip of Indian Island, thence to Kala Point, and thence following the shoreline to the point of origin until 11:59 p.m. December 31, 2021.
(2) Effective immediately, until November 19, 2021 at 5:00 p.m., it is unlawful for any person to harvest crabs for commercial purposes with more than 50 pots per license per buoy tag number in Crab Management Region 3-2 with the following exceptions:
Region 3-2:
(a) Commercial harvest is limited to 20 pots per license within the Sequim Bay Special Management Area which consists of all waters of Sequim Bay south of a line true west from Travis Spit to the Miller Peninsula.
(b) Commercial harvest is limited to 20 pots per license within the Discovery Bay Special Management Area defined as all waters of Discovery Bay south of a line from Diamond Point to Cape George.
(3) Effective immediately, until further notice, it is unlawful for any person to harvest crabs for commercial purposes with more than 40 pots per license per buoy tag number in Crab Management Region 3-1.
(4) Effective immediately, until further notice, it is unlawful for any person to harvest crabs for commercial purposes with more than 60 pots per license per buoy tag number in Crab Management Region 3-3.
(5) All remaining, undeployed buoy tags per license per region must be onboard the designated vessel and available for immediate inspection.
NEW SECTION
WAC 220-352-34000MPuget Sound crab—Additional reporting requirements.
Notwithstanding the provisions of WAC 220-352-340,
(1) Effective immediately, until further notice, it is unlawful for any wholesale dealer acting in the capacity of an original receiver of Dungeness crab landed by WDFW licensed Puget Sound commercial crab harvesters to fail to report to the department the previous day's purchases by 10:00 a.m. the day following the purchase. Reports must be made online at the Puget Sound commercial crab reporting website, by fax to (360) 302-3031, or by e-mail at crab.report@dfw.wa.gov. Reports must include all of the following:
(a) dealer name,
(b) dealer license number,
(c) dealer phone number,
(d) date of delivery of crab to the original receiver, and
(e) the total number of pounds of crab caught by non-treaty fishers by Crab Management Region or Marine Fish-Shellfish Management and Catch Reporting Area.
(2) Effective immediately, until further notice, commercial harvesters of crab in Puget Sound must deliver all crab removed from their vessel to a licensed original receiver within 36 hours or submit a report of crab retained for delivery at a future date to the Department. Reports must be received within 36 hours following an offload. Reports must be made by online on the Puget Sound commercial crab reporting website or by e-mail at crab.report@dfw.wa.gov. Reports must contain all of the following:
(a) harvester name,
(b) WDFW issued vessel ID,
(c) Puget Sound commercial license number,
(d) date of harvest,
(e) an estimate of pounds of harvest retained by Crab Management Region or Marine Fish-Shellfish Management and Catch Reporting Area, and
(f) a commercial fish and shellfish transportation ticket number.
(3) Effective immediately, until further notice, commercial harvesters of crab in Puget Sound must report the delivery of all crab to an original receiver that were previously retained off-vessel by 10:00 a.m. the day following delivery to an original receiver. Reports must be made online at the Puget Sound commercial crab reporting website, or by e-mail at crab.report@dfw.wa.gov. Reports must contain all of the following:
(a) harvester name,
(b) WDFW issued vessel ID,
(c) Puget Sound commercial license number,
(d) date of sale,
(e) dealer name,
(f) commercial shellfish transportation ticket number(s) delivered, and
(g) fish receiving ticket number(s) corresponding to landing date of delivery.
(4) Effective immediately, until further notice, Puget Sound commercial crab license holders, or their designated alternate operators, must register which Crab Management Region that gear will be deployed in for each license they hold prior to the opening date. Registrations must be updated when gear moves between areas. Registrations can be made by registering on the WDFW Puget Sound commercial crabbing webpage or sending an email to crab.report@dfw.wa.gov, detailing the following information:
(a) Vessel Operator Name
(b) Vessel Name and Vessel Registration Number
(c) Permit Number(s) to be Fished
(d) Crab Management Region to be fished
(e) Gear Deployment Date
Reviser's note: The unnecessary underscoring
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. 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 sections of the Washington Administrative Code are repealed:
WAC 220-340-42000T | Commercial crab fishery—Unlawful acts. (21-250) |
WAC 220-340-45500C | Commercial crab fishery—Seasons and areas—Puget Sound. (21-250) |
WAC 220-340-47000A | Commercial crab fishery—Gear requirements—Puget Sound. (21-250) |
WAC 220-352-34000L | Puget Sound crab—Additional reporting requirements. (21-250) |