[Order 19-34—Filed February 22, 2019, 10:58 a.m., effective February 25, 2019, 8:00 a.m.]

Effective Date of Rule: February 25, 2019, 8:00 a.m.

Purpose: Amends Puget Sound commercial crab fishing and reporting rules.

Citation of Rules Affected by this Order: Repealing WAC 220-340-45500S; and amending WAC 220-340-455 and 220-352-230.

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 reopens the Puget Sound commercial crab fishery in Region 1. It will maintain the current closures of Region 2 East and Region 2 West. It will continue the Puget Sound commercial crab harvest in Region 1, 3-1, 3-2, 3-3 East and 3-3 West. This rule implements the pot limits in Region 1 at thirty-five pots per license. Pot limits in Region 3-2, 3-3 East and 3-3 West will remain at sixty pots per license. In Region 3-1, fishers are still allowed to use their maximum of one hundred pots per license. An additional reporting requirement has been added in Region 1 to increase the timeliness of crab landings not immediately recorded on a fish receiving ticket. There is sufficient allocation available in the commercial regions to accommodate the 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 2, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.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: February 21, 2019.

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

Notwithstanding the provisions of WAC 220-340-455:

(1) Effective at 8:00 a.m. February 25, 2019, until further notice, it is unlawful for any license holder or alternate operator to fish for crabs for commercial purposes with more than 35 pots per license in Crab Management Region 1. Region 1 includes Marine Fish-Shellfish Catch Reporting Areas 20A, 20B, 21A, 21B, 22A, and 22B.

(2) Effective immediately, until further notice, Crab Management Region 2 West is closed. Region 2 West includes Marine Fish-Shellfish Catch Reporting Areas 25B, 25D and 26AW.

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

(4) 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 60 pots per license in Crab Management Region 3-2, Region 3-3 East or Region 3-3 West. These regions include Marine Fish-Shellfish Catch Reporting Areas 25A, 25E, 23D, 23C and 29.

(5) 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 100 pots per license in Crab Management Region 3-1. This region includes Marine Fish-Shellfish Catch Reporting Area 23A and 23B.

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

(7) Effective at 8:00 a.m. February 25, 2019, 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.

(8) 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 123°7.0' 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.

WAC 220-352-2300ACommercial fish and shellfish transportation ticket

Notwithstanding the provisions of WAC 220-352-230:

Effective at 8:00 a.m. February 25, 2019, until further notice, license holders or alternate operators fishing for crab in Region 1 (MFSF Catch Areas 20A, 20B, 21A, 21B, 22A and 22B) who do not deliver their crab to an original receiver within 24 hours of harvest, must immediately complete and submit a copy of a transportation ticket to the department. Copies of transportation tickets must be submitted via fax (425-338-1066) or email (crabreport@dfw.wa.gov). A reliable contact phone number for the harvester must also be provided on the submitted copy of the transportation ticket. Once the fisher delivers the crab to an original receiver, a copy of the transportation ticket must be attached to the shellfish receiving ticket or the transportation ticket number must be written on the shellfish receiving ticket.

Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.

The following section of the Washington Administrative code is repealed effective 8:00 a.m. February 25, 2019:

Commercial crab fishery—Seasons and areas—Puget Sound. (19-05)