WSR 12-01-053

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 11-312 -- Filed December 15, 2011, 9:25 a.m. , effective December 22, 2011, 6:00 p.m. ]


Effective Date of Rule: December 22, 2011, 6:00 p.m.

Purpose: Amend commercial fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-52-04000H and 220-52-04600N; and amending WAC 220-52-040 and 220-52-046.

Statutory Authority for Adoption: RCW 77.12.047 and 77.04.020.

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 are in conformity with agreed plans with applicable tribes, which have been entered as required by court order. The Puget Sound commercial season is structured to meet harvest allocation objectives. Commercial harvest allocations will be met in Region 2 East and Region 2 West on December 22, 2011. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 0, Repealed 2.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: December 15, 2011.

Philip Anderson

Director


NEW SECTION
WAC 220-52-04000J   Commercial crab fishery -- Lawful and unlawful gear, methods, and other unlawful acts.   Notwithstanding the provisions of WAC 220-52-040:

(1) Additional area gear limits. The following Marine Fish-Shellfish Management and Catch Reporting Areas are restricted in the number of pots fished, operated, or used by a person or vessel, and it is unlawful for any person to use, maintain, operate, or control pots in excess of the following limits:

(a) No commercial gear is allowed in that portion of Marine Fish-Shellfish Management and Catch Reporting Area 25A west of the 123 7.0' longitude line projected from the new Dungeness light due south to the shore of Dungeness Bay.

(2) Effective 6:00 p.m. December 22, 2011, 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 Regions 1 (Marine Fish-Shellfish Management and Catch Reporting Areas 20A, 20B, 21A, 21B, 22A, 22B), Crab Management sub area 3-1 (Marine Fish-Shellfish Catch Reporting Areas 23A and 23B) and Crab Management sub area 3-2 (Marine Fish-Shellfish Management and Catch Reporting Areas 23D, 25A, 25E).

(3) The remaining buoy tags per license per region must be onboard the designated vessel and available for inspection.

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NEW SECTION
WAC 220-52-04600R   Puget Sound crab fishery -- Seasons and areas.   Notwithstanding the provisions of WAC 220-52-046:

(1) Effective immediately until further notice, it is permissible to fish for Dungeness crab for commercial purposes in the following areas:

(a) 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) Those waters of Marine Fish-Shellfish Management and Catch Reporting Area 22B in Fidalgo Bay south of a line projected from the red number 4 entrance buoy at Cape Sante Marina to the northern end of the eastern most oil dock.

(c) 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.

(2) Effective immediately until further notice, the following areas are closed to commercial crab fishing:

(a) That portion of Marine Fish-Shellfish Management and Catch Reporting Area 25A west of the 123 7.0' longitude line projected from the new Dungeness light due south to the shore of Dungeness Bay.

(b) That portion of Marine Fish-Shellfish Management and Catch Reporting Area 23D west of a line from the eastern tip of Ediz Hook to the ITT Rayonier Dock.

(3) Effective 6:00 p.m. December 22, 2011, until further notice, the following areas are closed to commercial crab fishing:

(a) Crab Management Region 2 East (Marine Fish-Shellfish Management and Catch Reporting Areas 24A, 24B, 24C, 24D, 26A-East) and Crab Management Region 2 West (Marine Fish-Shellfish Management and Catch Reporting Areas 25B, 25D and 26A West).

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REPEALER


The following sections of the Washington Administrative Code are repealed effective 6:00 p.m. December 22, 2011:


WAC 220-52-04000H Commercial crab fishery -- Lawful and unlawful gear, methods, and other unlawful acts. (11-305)
WAC 220-52-04600N Puget Sound crab fishery -- Seasons and areas. (11-305)

Washington State Code Reviser's Office