WSR 22-24-080
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 22-279—Filed December 5, 2022, 4:05 p.m., effective December 5, 2022, 4:05 p.m.]
Effective Date of Rule: Immediately upon filing.
Purpose: The purpose of this emergency rule is to reopen commercial crab fishing in crab management subregion 3-2.
WAC 220-340-45500R: (1) Opens Puget Sound commercial crab harvest in crab management subregion 3-2 on December 6, 2022, at 8:00 a.m.; (2) maintains the closure of Region 2E to commercial harvest; and (3) implements hard closure dates that may close with 120 days.
WAC 220-340-42000L: Permits barging of pots from December 6, 2022, at 8:00 a.m. through 7:59 a.m. on December 8, 2022, in subregion 3-2 only.
WAC 220-340-47000N: Sets pot limits for all areas with commercial harvest opportunity in Puget Sound. Reduces the pot limit for all areas that are closed to "0".
Citation of Rules Affected by this Order: Repealing WAC 220-340-45500Q, 220-340-42000K and 220-340-47000M; and amending WAC 220-340-455, 220-340-420, and 220-340-470.
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 Regions 1 and 2-West and subregions 3-1, 3-3, and 3-4 to accommodate continued commercial harvest. This rule opens subregion 3-2 following comanager agreement on a quota increase, providing additional harvest opportunity. 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. Further adjustment of season structure may be made pending updated harvest data.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.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 3, Amended 0, Repealed 3.
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: December 5, 2022.
Kelly Susewind
Director
NEW SECTION
WAC 220-340-45500RCommercial crab fishery—Seasons and areas—Puget Sound.
Notwithstanding the provisions of WAC 220-340-455:
Commercial harvest of Dungeness crab in Puget Sound is allowed during the "Open period" indicated in the following table. On the opening date harvest will be permitted starting at 8:00 a.m. Harvest on all other days is allowed starting one hour before official sunrise until further notice. Any closures will take effect one hour after official sunset unless otherwise indicated.
Geographical Management Unit (WAC 220-320-110) | Open Period |
Region 1, MFSF Catch Areas 21A, 21B, and 22B | Immediately, through March 31, 2023. |
Region 1, Marine Fish-Shellfish Catch Areas 22A, 20A, and 20B | Immediately, until further notice. |
Region 2E, excluding Everett Flats CSMA (WAC 220-320-120(3)) | Closed |
Region 2E, Everett Flats CSMA (WAC 220-320-120(3)) | Closed |
Region 2W, not including Port Townsend Bay CSMA (WAC 220-320-120(5)) | Immediately, through February 15, 2023. |
Region 2W, Port Townsend Bay CSMA (WAC 220-320-120(5)) | Immediately, through February 15, 2023. |
Subregion 3-1 | Immediately, through March 31, 2023. |
Subregion 3-2, not including Discovery Bay CSMA (WAC 220-230-120 (1)(a)), Sequim Bay CSMA (WAC 220-320-120(6)), or the Port Angeles Harbor CSMA (WAC 220-320-120(4)). | 8:00 am December 6, 2022, through March 31, 2023. |
Subregion 3-2, Discovery Bay CSMA (WAC 220-320-120 (1)(a)) | 8:00 am December 6, 2022, through March 31, 2023. |
Subregion 3-2, Sequim Bay CSMA (WAC 220-320-120(6)) | 8:00 am December 6, 2022, through March 31, 2023. |
22-340-455 Subregion 3-2, the Port Angeles Harbor CSMA (WAC 220-320-120(4)). | Closed, due to on-going public health concerns. |
Subregion 3-3 | Immediately, until further notice. |
Subregion 3-4 | Immediately, until further notice. |
NEW SECTION
WAC 220-340-42000LCommercial crab fishery—Unlawful acts.
Notwithstanding the provisions of WAC 220-340-420:
(1) Effective 8:00 a.m. December 6, 2022 until 7:59 a.m. December 8, 2022 it is permissible to deploy Dungeness crab pots for commercial purposes in Crab Management Subregion 3-2 from a vessel not designated on a person's Puget Sound crab license, provided that the primary or alternate operator designated on the license is on board the non-designated vessel ("barge" vessel), and prior notice has been given as provided below. Crab pots may only be deployed during daylight hours.
(2) Puget Sound commercial crab license holders that intend to barge must send an email to crab.report@dfw.wa.gov, detailing the following information:
(a) Name and license number of licensed owner.
(b) Name of designated primary operator if different from licensed owner.
(c) Name of alternate operator if used to deploy pots from a non-designated vessel.
(d) Buoy brand number and number of pots to be deployed from a non-designated vessel.
(e) Name and identification numbers (WN and/or Coast Guard) of the non-designated vessel.
(f) Region or Set Location
NEW SECTION
WAC 220-340-47000NCommercial crab fishery—Gear limits—Puget Sound and Marine Fish-Shellfish Management and Catch Reporting Areas.
Notwithstanding the provisions of 220-340-470:
(1) Effective during the "Open period" listed in amended section of WAC 220-340-455 above it will be unlawful for any person to harvest crabs with more than the "Pot limit" per license per buoy tag number indicated within each "geographical management unit".
Geographical Management Unit (WAC 220-320-110) | Pot limit |
Region 1, MFSF Catch Areas 21A, 21B, and 22B | 30 |
Region 1, Marine Fish-Shellfish Catch Areas 22A, 20A, and 20B | 30 |
Region 2E, excluding Everett Flats CSMA (WAC 220-320-120(3)) | 0 |
Region 2E, Everett Flats CSMA (WAC 220-320-120(3)) | 0 |
Region 2W, not including Port Townsend Bay CSMA (WAC 220-320-120(5)) | 30 |
Region 2W, Port Townsend Bay CSMA (WAC 220-320-120(5)) | 20 |
Subregion 3-1 | 30 |
Subregion 3-2, not including Discovery Bay CSMA (WAC 220-230-120 (1)(a)), Sequim Bay CSMA (WAC 220-320-120(6)), or the Port Angeles Harbor CSMA (WAC 220-320-120(4)). | 30 |
Subregion 3-2, Discovery Bay CSMA (WAC 220-320-120 (1)(a)) | 20 |
Subregion 3-2, Sequim Bay CSMA (WAC 220-320-120(6)) | 20 |
Subregion 3-2, the Port Angeles Harbor CSMA (WAC 220-320-120(4)). | 0 |
Subregion 3-3 | 30 |
Subregion 3-4 | 30 |
(2) Effective after the "Open Period" listed in amended section of WAC 220-340-455 above the "Pot Limit" within each "geographical management unit" will be reduced to "0".
REPEALER
The following sections of the Washington Administrative Code are repealed, effective immediately:
WAC 220-340-45500Q | Commercial crab fishery—Seasons and areas—Puget Sound. (22-255) |
WAC 220-340-42000K | Commercial crab fishery—unlawful acts. (22-273) |
WAC 220-340-47000M | Commercial crab fishery—Gear limits—Puget Sound and Marine Fish-Shellfish Management and Catch Reporting Areas. (22-273) |