Take-Down:

This was a great win and it is clear that WDFW did, in fact, dot the "i"s and cross the "t"s during the extended process to effect the change to policy and then to implement that new policy via regulation so as to withstand the subsequent lawsuits initiated by the commercial crabbers.

But your response does not reconcile the issue at hand. Specifically, that the new policy prioritized recreational crabbing in Puget Sound over commercial crabbing. Furthermore, that WDFW has stressed how critical the summer CRC data is in determining what, if any, winter recreational season will occur in any individual management area, and THEN, if there is enough poundage left over, to have a commercial season. IN THAT ORDER OF PRECEDENCE.

In order for there to be a commercial season in any individual management area WDFW had be to sure that there first would be sufficient poundage for a FULL winter recreational season purportedly requiring the all important CRC input.

So, if in the last week of September the Department was able to determine that there would be a commercial season beginning on 1 October in any individual management area they must concurrently have had sufficient data to warrant a full winter recreational season in that same management area. I can live with that using incoming data and modeling; again, not the point here.

My issue is that they then opened the commercial season on 1 Oct (albeit somewhat restricted as you correctly pointed out but which is not germane to the point here) but held off on opening the winter recreational season until 8 October.

Since they had sufficient data in late Sept to have a commercial opener on 1 Oct they must also have had sufficient data to warrant a full winter recreational season and should have had that opener on 1 October in order to be compliant with the new policy.

In short, my perception is that this gerrymandering (having a commercial season opener prior to the winter recreational season opener) was a direct violation of the new policy.

Oh, and I still am concerned about how much of an increase in total havestable poundage was negotiated with the tribes in 2E in order to provide for a non-tribal commerial season in that management area. Take-Down, you have any specific information on that issue????

We're on the same team here, but you should look at the policy's definition of full winter season. You should also review the WAC governing the commercial opener. The Department complied with both in this case. And realistically, they did a pretty good job in so doing. I know they had initial modeling done about 2/3rds of the way through the month. I know they did it again just after the Sept 30 deadline for return of recreational CRC. And they then opened the season the first weekend after. That's pretty good.

We'll know at the end of the year if the Department modeled it right but they are being conservative and checking daily commercial catch returns. They've also committed to 10/8-12/31 in every area where non-tribal commercial crabbing is allowed. Again, they followed the policy.

I don't know about 2E. You and Aunty both know that when the recs go over the State share in a MA, we have to swap with tribes. Again, I'm mostly inclined to applaud the Department's efforts in that regard. The alternative is to have to take it out of the rec share for that MA in the following year.

Just my thoughts. As with Aunty, I appreciate your efforts in this arena.

Take-Down:

We're definitely on the same side but that doesn't mean we have to have exactly the same perspectives although we are pretty close. I believe I sat through all of the pertinent hearings and testified in most. My clear recollection of the process was for WDFW to determine the summer rec catch, add the estimated total season winter rec catch and then subtract from the State's share of the negotiated total harvest. If that resulted in a negative number (meaning getting into the Tribes' share) then there would be no commercial season and any winter rec season would be reduced to keep the total State harvest within its share (that is, a zero or slight positive residual number). If the total summer catch used up all of the State's share then no winter rec nor commercial season; a pretty straight forward approach.

A slight correction to what you wrote - it is when the total State harvest (rec plus commercial) exceeds the State's share that the Tribes have to be compensated - not just when the recreational harvest exceeds the State's share as you wrote.

If my understanding, above, is incorrect please provide me with the specifics and cites which support your position.

As for 2E the initial WDFW posting of the commercial seasons by management areas kept 2E closed pending negotiations with the tribes to increase the total allowable harvest. Since that announcement only addressed the commercial season it was impossible to determine whether there would have been a winter rec season absent the negotiated increase or whether the summer rec catch may have actually exceeded the State's share.

However, the fact that the Department subsequently opened 2E for commercial harvest leaves only one conclusion - that the negotiations were "successful" in increasing the total allowable harvest and, consequently, the State's share thereby allowing for the commercial season.

You are correct that any overharvest of the State's share required/requires a compensation to the Tribes. In the past that has been accomplished after the fact by negotiating an increase in the total harvest (effectively to an amount doubling the State's actual harvest). The appearance this year is that the Department entered into this negotiation before the fact for the purpose of providing enough "head room" for a non-tribal commercial season. The scary parts of this approach are that (1) future annual harvest numbers are derived from a running average of past (5?) years and, (2) if there is an overharvest this year it will have to be paid back by the recreational harvesters either during the winter season or in 2012 possibly by a reduction in the recreational harvest.