Effective Date of Rule: Immediately.

     Purpose: Amend commercial fishing rules.

     Citation of Existing Rules Affected by this Order: Repealing WAC 220-52-04600J; and amending WAC 220-56-046.

     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: This emergency regulation closes Region 3, subareas 1, 2 and 3. The fishery has reached the ending date agreed to in the Region 3 management plans. This regulation outlines a three-day gear recovery period for Region 3-2 following the closure. This emergency regulation also maintains the closure of Region 2 West and Region 2 East where the Puget Sound state commercial fishery has reached its allocation and ending dates. With the implementation of this regulation, the only remaining Puget Sound state commercial area open for fishing will be Region 1, where current pot limits are set at 100 pots per license per buoy tag number. The Puget Sound commercial season is structured to meet harvest allocation objectives negotiated with applicable treaty tribes. There is insufficient time to adopt permanent regulations.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: March 28, 2013.

Philip Anderson

Director

     (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) The following areas are closed to commercial crab fishing:

     (a) Effective immediately, until further notice, Crab Management Region 2 West. This region includes Marine Fish-Shellfish Management and Catch Reporting Areas 25B, 25D, and 26A West.

     (b) Effective immediately, until further notice, Crab Management Region 2 East. This region includes Marine Fish-Shellfish Management and Catch Reporting Areas 24A, 24B, 24C, 24D, and 26A East.

     (c) Effective 7:00 PM, Sunday, March 31st, 2013, until further notice, Crab Management Region 3, subarea 1. This region includes Marine Fish-Shellfish Management and Catch Reporting Areas 23A and 23B.

     (d) Effective 7:00 PM, Sunday, March 31st, 2013, until further notice, Crab Management Region 3, subarea 3. This region includes Marine Fish-Shellfish Management and Catch Reporting Areas 23C and 29.

     (e) Effective immediately, until further notice, 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.

     (f) Effective immediately, until further notice, 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.

     (g) Effective 7:00 PM, Sunday, March 31st, 2013, until further notice, Crab Management Region 3, subarea 2. This region includes Marine Fish-Shellfish Management and Catch Reporting Areas 23D, 25A, and 25E.

     (i) Crab fishers in Region 3, subarea 2 will be allowed a gear removal period after March 31, 2013. Fishers may continue to store crab gear in catch areas 23D, 25A, and 25E, but all gear must be off the water by 7:00 PM, Wednesday, April 3, 2013. No crab may be retained, possessed, or landed from these catch areas after March 31, 2013.

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     The following sections of the Washington Administrative Code are repealed effective immediately.

WAC 220-52-04600J

Puget Sound crab fishery--Seasons and areas (13-32)