[Order 18-320—Filed November 13, 2018, 1:38 p.m., effective November 14, 2018, 5:00 p.m.]

Effective Date of Rule: November 14, 2018, 5:00 p.m.

Purpose: Amends Puget Sound commercial crab rules.

Citation of Rules Affected by this Order: Repealing WAC 220-340-45500L; and amending WAC 220-340-455.

Statutory Authority for Adoption: RCW 77.04.012, 77.04.020, 77.12.045, and 77.12.047.

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 rule maintains the current closure of Region 1. This rule closes Region 2 East at 5:00 p.m., November 14, 2018. The provisions of this rule will continue the Puget Sound commercial crab harvest in all remaining areas. Pot limits in the remaining commercial areas are set at fifty pots per license per buoy tag number, with exception of Region 3-1. In Region 3-1, fishers will be allowed to use one hundred pots per license per buoy tag number. There is sufficient allocation available in the remaining commercial regions to accommodate this continued opening. These provisions are in conformity with agreed management plans with applicable tribes. These management plans are entered into as required by court order. The Puget Sound commercial season is structured to meet harvest allocation objectives negotiated with applicable treaty tribes and outlined in the management plans. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: November 13, 2018.

WAC 220-340-45500MCommercial crab fishery—Seasons and areas—Puget Sound.

Notwithstanding the provisions of WAC 220-340-455:

(1) Effective at 5:00 p.m. November 14, 2018, Crab Management Region 2E is closed. Region 2E includes Marine Fish-Shellfish Catch Reporting Areas 24A, 24B, 24C, 24D and 26A East.

(2) Effective immediately, until further notice, Crab Management Region 1 is closed. Region 1 includes Marine Fish-Shellfish Catch Reporting Areas 20A, 20B, 21A, 21B, 22A, and 22B.

(3) Effective immediately, until further notice, it is unlawful for any license holder or alternate operator to fish for crabs for commercial purposes with more than 50 pots per license per buoy tag number in Crab Management Region 2 West, Region 3-2, Region 3-3 East or Region 3-3 West. These regions include Marine Fish-Shellfish Catch Reporting Areas, 26A West, 25B, 25D, 25A, 25E, 23D, 23C and 29.

(3) Effective immediately, until further notice, it is lawful for any license holder or alternate operator to fish for crabs for commercial purposes with 100 pots per license per buoy tag number in Crab Management Region 3-1. This region includes Marine Fish-Shellfish Catch Reporting Area 23A and 23B.

(4) All remaining buoy tags per license per region must be onboard the designated vessel and available for immediate inspection.

(5) Effective immediately, until further notice, it is lawful for license holders or alternate operators to fish for Dungeness crab for commercial purposes in the following areas:

Those waters of Marine Fish-Shellfish Management and Catch Reporting Area 26A-W in Useless Bay north and east of a line from the south end of the Double Bluff State Park seawall (47°58.782'N, 122°30.840'W) projected 110 degrees true to the boulder on shore (47°57.690'N, 122°26.742'W).

(6) 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 123o7.0' 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.

Reviser's note: The typographical errors in the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.

The following section of the Washington Administrative code is repealed effective 5:00 p.m. November 14, 2018:

Commercial crab fishery—Seasons and areas—Puget Sound. (18-295)