[Order 19-91—Filed April 29, 2019, 4:49 p.m., effective May 1, 2019]

Effective Date of Rule: May 1, 2019.

Purpose: Amends coastal commercial crab rules.

Citation of Rules Affected by this Order: Repealing WAC 220-340-42000R and 220-340-45000M; and amending WAC 220-340-420 and 220-340-450.

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 emergency rule is needed to reduce the size of the special management area that is closed to state fishers. The pot limits reduce the number of lines in the water to reduce the risk of marine mammal interactions and reduce the crowding effect in this restricted area. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 2, Amended 0, Repealed 2.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: April 29, 2019.

WAC 220-340-42000SCommercial crab fishery—Unlawful acts.

Notwithstanding the provisions of WAC 220-340-420:

(1) Effective May 1, 2019 at 8:00 a.m. until further notice, it is unlawful for a vessel to use more than 200 pots in the area between the Raft River (47º28.00) and the Copalis River (47º08.00) shoreward of a line approximating the 27-fathom depth curve. Fishers must pre-register with the Department of Fish and Wildlife 24 hours prior to deploying gear in this area by one of the three following methods:

• Fax transmission to Robert Morgan at 360-249-1229;

• E-mail to Robert Morgan at Robert.Morgan@dfw.wa.gov; or

• Telephone call to Robert Morgan at 360-249-1206.

(2) Effective May 1, 2019 at 8:00 a.m. until further notice, is unlawful for a vessel to use more than 100 pots in the Quileute SMA. The SMA includes the area shoreward of a line approximating the 30-fathom depth curve between Cape Johnson (47°58.00') and Destruction Island (47°40.50'). Fishers must pre-register with the Department of Fish and Wildlife 24 hours prior to deploying gear in this area by one of the three following methods:

• Fax transmission to Robert Morgan at 360-249-1229;

• E-mail to Robert Morgan at Robert.Morgan@dfw.wa.gov; or

• Telephone call to Robert Morgan at 360-249-1206.

(3) All other provisions of the permanent rule remain in effect.

WAC 220-340-45000NCommercial crab fishery—Seasons and areas—Coastal.

Notwithstanding the provisions of WAC 220-340-450, it is unlawful to fish for Dungeness crab in Washington coastal waters, the Pacific Ocean, Grays Harbor, Willapa Bay, or the Columbia River, except as provided in this section.

(1) Open area: The area from the WA/OR border (46°15.00') to the U.S. Canada border including Grays Harbor and Willapa Bay.

(2) For waters of the Pacific Ocean north of Point Arena, California, it is unlawful for a person to use a vessel to fish in any area where the season opening is delayed due to marine biotoxins for the first 30 days following the opening of the area if the vessel was employed in the coastal crab fishery during the previous 45 days.

(3) The Quinault primary Special Management Area (SMA) will open to fishing for Dungeness crab at 8:00 a.m. on May 1, 2019. The SMA includes the area shoreward of a line approximating the 27-fathom depth curve between the Raft River (47º28.00') and the Copalis River (47°08.00') according to the following points:

(a) Northeast Corner (Raft River): 47º28.00' N. Lat. - 124º20.70' W. Lon.

(b) Northwest Corner: 47°28.00' N. Lat. - 124º34.00' W. Lon.

(d) Southeast Corner (Copalis River): 47°08.00' N. Lat. - 124°11.20' W. Lon.

(4) The Quileute special management area (SMA) will open to fishing for Dungeness crab at 8:00 a.m. on May 1, 2019. The SMA includes the area shoreward of a line approximating the 30-fathom depth curve between Cape Johnson (47°58.00') and Destruction Island (47°40.50') according to the following points:

(a) Northeast Corner (Cape Johnson): 47°58.00' N. Lat. 124°40.40' W. Lon.

(b) Northwest Corner: 47°58.00' N. Lat. 124°49.00' W. Lon.

(d) Southeast Corner (Destruction Island): 47°40.50' N. Lat. 124°24.43' W. Lon.

(5) All other provisions of the permanent rule remain in effect.

The following sections of the Washington Administrative Code are repealed effective 8:00 a.m. May 1, 2019:

Commercial crab fishery—Unlawful acts. (19-67)

Commercial crab fishery—Seasons and areas—Coastal. (19-67)

WAC 220-340-42000R	Commercial crab fishery—Unlawful acts. (19-67)
WAC 220-340-45000M	Commercial crab fishery—Seasons and areas—Coastal. (19-67)