[Filed July 23, 2018, 8:36 a.m.]

Preproposal statement of inquiry was filed as WSR 18-12-038.

Title of Rule and Other Identifying Information: WAC 220-330-040 Crab—Areas and seasons—Personal use.

Hearing Location(s): On September 14, 2018, at 8:00 a.m., at the Natural Resources Building, 1111 Washington Street S.E., Room 172, Olympia, WA 98501.

Date of Intended Adoption: September 14, 2018.

Submit Written Comments to: Heather Reed, P.O. Box 43200, email Heather.Reed@dfw.wa.gov.

Assistance for Persons with Disabilities: Contact Dolores Noyes, phone 360-902-2349, TTY 360-902-2207, email Delores.Noyes@dfw.wa.gov, by September 13, 2018.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Changes to WAC 220-330-040 would revise the date when recreational anglers can use pot gear in coastal management areas (Marine Areas 1 through 3 and 4, west of the Bonilla-Tatoosh line). Currently, this recreational fishery is open year-round, however pot gear can only be used from December 1 through September 15. This change would allow recreational pot gear to be used two weeks earlier starting on November 15. This change would not affect the recreational Dungeness crab fishery in the Columbia River where pot gear is allowed year round.

Reasons Supporting Proposal: Currently, the recreational Dungeness crab fishery with pot gear opens in coastal marine areas on the same day that the commercial Dungeness crab fishery is scheduled to open. In addition, the commercial fishery is allowed to set commercial crab pots on November 28, seventy-three hours prior to the December 1 opening. Opening the recreational crab pot fishery two weeks early would provide recreational anglers with some opportunity to access fishing areas that are common to both commercial and recreational fisheries prior to the date when commercial crab gear goes in the water. Effort in the recreational crab fishery on the coast [is] limited due to the timing of the fishery, which opens in December when weather is prohibitive for many recreational crabbers. As such, much of the coastal recreational crab fishing effort is focused in coastal bays such as Willapa Bay and Grays Harbor with recreational harvest representing a very small proportion of the total amount of Dungeness crab harvested each year. In recognition of the disparity between the recreational and commercial crab fisheries on the coast, measures have been implemented to provide some assurance that recreational fishermen have access to the coastal Dungeness crab resource. For example, recreational anglers are allowed to retain smaller crab (six inches) than allowed in the commercial fishery (6 1/4 inches). Revising the opening of the recreational pot fishery to open on November 15 would provide some additional opportunity to recreational anglers and, because of the lower minimum size allowance for the recreational fishery, would not adversely affect the commercial fishery.

Statutory Authority for Adoption: RCW 77.040.020 [77.04.020], 77.12.045, and 77.12.047.

Statute Being Implemented: RCW 77.04.020, 77.12.045, and 77.12.047.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: Washington department of fish and wildlife (WDFW), governmental.

Name of Agency Personnel Responsible for Drafting: Heather Reed, 1111 Washington Street S.E., Olympia, WA, 360-902-2487; Implementation: Dan Ayres, 48 Devonshire Road, Montesano, WA, 360-249-1209; and Enforcement: Chief Steve Bear, 1111 Washington Street S.E., Olympia, WA, 360-902-2373.

A school district fiscal impact statement is not required under RCW 28A.305.135.

A cost-benefit analysis is not required under RCW 34.05.328. This project does not affect hydraulics.

The proposed rule does not impose more-than-minor costs on businesses. Following is a summary of the agency's analysis showing how costs were calculated. There is no impact on small business as a result of these rule changes. In fact, the proposed changes to the recreational fishery may marginally increase revenues for small business involved with the recreational fishery.

AMENDATORY SECTION(Amending WSR 17-05-112, filed 2/15/17, effective 3/18/17)

WAC 220-330-040Crab—Areas and seasons—Personal use.

(1) It is unlawful to fish for or possess crab taken for personal use from Puget Sound except during the following seasons:

(a) Marine Area 4 east of the Bonilla-Tatoosh line, and Areas 5, 6, 8-1, 8-2, 9, 10, 11, 12, and 13: Open 7:00 a.m., July 1 through Labor Day, Thursday through Monday of each week.

(b) Those waters of Marine Area 7 south and west of a line projected from Village Point, Lummi Island, through the navigation buoy just east of Matia Island, thence to the buoy at Clements Reef, thence to the easternmost point of Patos Island, thence running along the northern shore of Patos Island to the westernmost point of Patos Island, thence true west to the international boundary and south of a line that extends from Point Francis on Portage Island, through the marker just north of Inati Bay on Lummi Island to Lummi Island: Open 7:00 a.m., July 15 through September 30, Thursday through Monday of each week.

(c) Those waters of Marine Area 7 north and east of a line projected from Village Point, Lummi Island through the navigation buoy just east of Matia Island thence to the buoy at Clements Reef thence to the easternmost point of Patos Island, running along the northern shoreline of Patos Island and from the westernmost point of Patos Island true west to the international boundary and north of a line that extends from Point Francis on Portage Island, through the marker just north of Inati Bay on Lummi Island to Lummi Island: Open 7:00 a.m. August 15 through September 30, Thursday through Monday of each week.

(2) It is unlawful to fish for or possess crab taken for personal use with shellfish pot gear from Marine Areas 1, 2, 3, and Area 4 west of the Bonilla-Tatoosh line except during the period from ((December 1)) November 15 through September 15. Open to gear other than shellfish pot gear year-round.

(3) The Columbia River upstream from a line projected from the outermost end of the north jetty to the exposed end of the south jetty is open to crab fishing for personal use year-round.

(4) It is unlawful to fish for or possess crab taken for personal use with shellfish pot or ring net gear from the waters of Padilla Bay or Swinomish Slough within 25 yards of the Burlington Northern Railroad crossing the northern end of Swinomish Slough except from one hour before official sunrise to one hour after official sunset.

(5) Violation of this section is a misdemeanor, punishable under RCW 77.15.380, Unlawful recreational fishing in the second degree—Penalty.