[Order 20-06—Filed January 10, 2020, 3:58 p.m., effective January 10, 2020, 3:58 p.m.]

Effective Date of Rule: Immediately upon filing.

Purpose: Amends Puget Sound commercial crabbing rules.

Citation of Rules Affected by this Order: Repealing WAC 220-340-45500D and 220-352-34000D; and amending WAC 220-340-455 and 220-352-340.

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 will open Region 2-East and allow commercial crab harvest in Region 2-East outside of the Everett Flats area with a maximum of no more than twenty-five pots per license per buoy tag number. This rule also requires fishers to declare their participation in the Region 2-East opening and requires that fishers report pounds of Dungeness crab harvested from Region 2-East each day. It will continue the Puget Sound commercial crab harvest in Regions 2-West, 3-1, and 3-3. Pot limits in 2-West, 3-1, 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 2, Amended 0, Repealed 2.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: January 10, 2020.

WAC 220-340-45500ECommercial 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, 2-East and 3-2 are closed. Region 1 includes Marine Fish-Shellfish Catch Reporting Areas 20A, 20B, 21A, 21B, 22A and 22B. Region 2-East 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 immediately until further notice, it is permissible to fish for Dungeness crab for commercial purposes 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.

3) Effective 8:00 am January 14, 2020 until further notice all areas except for the Everett Flats area of Crab Management Region 2-East are open. Region 2-East includes Marine Fish-Shellfish Catch Reporting Areas 24A, 24B, 24C, 24D and 26A East.

4) Effective 8:00 am January 14, 2020, until further notice, it is unlawful for any license holder or alternate operator to fish for crabs for commercial purposes with more than 25 pots per license per buoy tag number in Crab Management Region 2-East.

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 50 pots per license per buoy tag number in Crab Management Region 2-West, Region 3-1, or Region 3-3. These regions include Marine Fish-Shellfish Catch Reporting Areas 20A, 20B, 21A, 21B, 22A, 22B, 26A West, 25B, 25D, 23C and 29.

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

7) 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.

(c) Everett Flats which are those portions of catch area 26AE east of a line from Howarth Park due north to the south end of Gedney Island and that portion of 24B east of a line from the north end of Gedney Island to Camano Head and south of a line drawn from Camano Head to Hermosa Point on the Tulalip reservation.

WAC 220-352-34000EPuget Sound crab—Additional reporting requirements.

Notwithstanding the provisions of WAC 220-352-340:

1) Non-treaty commercial fishers that intend to harvest in Crab Management Region 2-East must declare intent to fish prior to the opening date by leaving text message to (360) 302-6372, or sending an email to Crab.Report@dfw.wa.gov, detailing the following information:

(a) Vessel Name

(b) Name and permit number(s) of licensed owner

2) Non-treaty commercial fishers operating in Crab Management Region 2-East must report the estimated pounds of Dungeness crab caught and retained or the pounds of crab caught and landed by 8:00 pm every day. The vessel owner or operator must leave a text message to (360) 302-6372, or send an email to Crab.Report@dfw.wa.gov, detailing the following information:

(a) Vessel Name and Vessel Registration Number

(b) Pounds of Dungeness crab

(d) Crab Management Area fished

3) It is unlawful for any wholesale dealer acting in the capacity of an original receiver of Dungeness crab taken by non-treaty fishers from Puget Sound to fail to report to the department the previous day's purchases by 10:00 a.m. the following day. Reports must be made by fax to (435) 338-1066 or by e-mail at crabreport@dfw.wa.gov, and must specify the dealer name, dealer phone number, date of delivery of crab to the original receiver, and the total number of pounds of crab caught by non-treaty fishers, by Crab Management Region or by Marine Fish-Shellfish Management and Catch Reporting Area.

The following section of the Washington Administrative code is repealed:

Commercial crab fishery—Seasons and areas—Puget Sound. (20-05)

Puget Sound crab—Additional reporting requirements. (20-01)

WAC 220-340-45500D	Commercial crab fishery—Seasons and areas—Puget Sound. (20-05)
WAC 220-352-34000D	Puget Sound crab—Additional reporting requirements. (20-01)