Originally Posted By: Take-Down
I worked on the crab regulations when they were overhauled a few years back. I believe the season that WDFW is attempting to set in MA-10 is illegal. I don't think they have the authority to start MA-10 on a day other than July 2 and I don't believe they have the authority to change the open days of the week in MA-10. The regs are designed to compel a specific season and opportunity for recreational crabbers each year. If WDFW thinks there is not enough crab they can lower the catch limit, however, the policy is based on the notion that at such time as catch rates fall to a point where it's no longer worth the effort people naturally will scale back. My conclusion is further supported by a belief that this action is not primarily motivated by crab abundance but rather is a trade with the tribes for previous year overharvest. That is not a contemplated reason to start the season late in MA-10 under the regs. Larry, thoughts?


First, here is a link to the policy as published on the WDFW web site: https://wdfw.wa.gov/about/commission/policies/puget-sound-crab-fishery.

Next, I am NOT an attorney.

So, my understanding is that the policy is guidance and must be read and implemented in consideration of and in compliance with pertinent State laws and Federal court decisions.

So, yes, I think WDFW has the authority (and responsibility) to set seasons to adhere to those operational parameters.

With regard to MA 10 the State fishery over harvested the State share in 2018 and the attempt to pay back that over harvest (thanks Boldt and Rafeedie) by shortening the 2019 summer season did not work resulting in another over harvest and need for further pay back in 2020. This 2020 season is a different approach than implemented for 2019 and as painful as it may be in 2020 if that pain results in the "debt" being fully repaid then 2021 should be less restrictive but may still not be July-Labor Day and 5 days a week.

It is apparent that the goal of a full summer season open 5 days a week for all management areas is problematic particularly with the court decisions requiring that the harvestable crab be shared equally with the tribes. This is particularly true when that total quota is on a downward slide and the number of crabbers doesn't correspondingly decline.
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