[Order 20-04—Filed January 6, 2020, 4:35 p.m., effective January 7, 2020, 6:00 p.m.]

Effective Date of Rule: January 7, 2020, 6:00 p.m.

Purpose: Amends Puget Sound commercial crab rules.

Citation of Rules Affected by this Order: Repealing WAC 220-340-45500B; 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 emergency rule will close Region 3-1 on January 12 at 6:00 p.m. because the Region 3-1 State quota will have been reached. With this rule, Region 1, Region 2E, and Region 3-2 will remain closed. It will continue the Puget Sound commercial crab harvest in Regions 2-West and 3-3. Pot limits in Regions 2-West and 3-3 will remain at fifty pots per license. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: January 6, 2020.

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

Notwithstanding the provisions of WAC 220-340-455:

(1) Effective immediately until further notice, all of Crab Management Regions 1, 2E and 3-2 are closed. Region 1 includes Marine Fish-Shellfish Catch Reporting Areas 20A, 20B, 21A, 21B, 22A and 22B. Region 2E includes Marine Fish-Shellfish Catch Reporting Areas 24A, 24B, 24C, 24D and 26A East. Region 3-2 includes Marine Fish-Shellfish Catch Reporting Areas 23D, 25A, and 25E.

(2) Effective 6:00 p.m. on January 12, 2020 until further notice, Crab Management Region 3-1 will be closed. This region includes Marine Fish-Shellfish Catch Reporting Areas 23A and 23B.

(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 Regions 2 West, 3-1, and 3-3. These regions include Marine Fish-Shellfish Catch Reporting Areas 23A, 23B, 23D, 25A, 25E, 25B, 25D, 26A West, 23C and 29.

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

(5) 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.

The following section of the Washington Administrative code is repealed effective 6:00 p.m. on January 7, 2020:

Commercial crab fishery—Seasons and areas—Puget Sound. (20-02)