[Order 20-60—Filed April 28, 2020, 10:38 a.m., effective April 28, 2020, 10:38 a.m.]

Effective Date of Rule: Immediately upon filing.

Purpose: Amends coastal commercial crab rules.

Citation of Rules Affected by this Order: Repealing WAC 220-340-42000Z and 220-340-45000S; 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 open the commercial crab fishery in the Quileute Special Management Area. Pot limits will reduce the crowding effect in these restricted areas. The changes proposed are in accordance with the current State-Quileute Harvest Management Agreement. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 2, Amended 0, Repealed 2.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 28, 2020.

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

Notwithstanding the provisions of WAC 220-340-420, effective immediately and until further notice:

(1) It is unlawful for any fisher or wholesale dealer or buyer to land or purchase Dungeness crab taken from Grays Harbor, Willapa Bay, Columbia River, or Washington coastal or adjacent waters of the Pacific Ocean from any vessel, unless:

(2)(2) Effective May 1, 2020 at 8:00 a.m. and 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 (47º58.00') and Destruction Island (47º40.50'). 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) Unless otherwise amended all other provisions of the permanent rule remain in effect.

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

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

Notwithstanding the provisions of WAC 220-340-450 effective immediately until further notice: 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; effective 8:00 A.M., March 18, 2020 until further notice:

(1) Open area: The area from the US/Canada Border to the WA/OR border (46º15.00) and Grays Harbors and Willapa Bay: For the purposes of this section, the waters of Willapa Bay include the marine waters east of a line connecting 46°44.76 N, 124°05.76 W and 46°38.93 N, 124°04.33 W.

(2) The Quinault Secondary Special Management Area (SSMA) is closed to fishing for Dungeness crab from the area shoreward of a line approximating the 27-fathom depth curve between the mouth of the Copalis River (47º08.00) and Split Rock (47º24.50). This SSMA is described by the following coordinates:

(a) Northeast Corner (Split Rock): 47º24.50 N. Lat. 124º20.00 W. Lon.

(b) Northwest Corner: 47º24.50 N. Lat. 124º32.40 W. Lon.

(d) Southeast Corner (Copalis River): 47º08.00 N. Lat. 124º11.20 W. Lon.

(3) The Quileute special management area (SMA) is open to fishing for Dungeness crab at 8:00 a.m. on May 1, 2020, to fishing for Dungeness crab until further notice. The SMA includes the area shoreward of a line approximating the 30-fathom depth curve between Destruction Island and Cape Johnson according to the following points:

(a) Northeast Corner (Cape Johnson): 47º58.00' N. Lat. 124º40.40' W. Lon.

(b) Northwest Corner: 47º58.00' N. Lat. 124º49.00' W. Lon.

(d) Southeast Corner (Destruction Island): 47º40.50' N. Lat. 124º24.43' W. Lon.

(4) The Makah special management area (SMA) is open to fishing fishing for Dungeness crab until further notice. The SMA includes the waters between 48º02.15 N. Lat. and 48º19.50 N. Lat. east of a line connecting those points and approximating the 25-fathom line according to the following coordinates:

(a) Northeast Corner (Tatoosh Island)

(b) Northwest Corner: 48º19.50' N. Lat. 124º50.45' W. Lon.

(d) Southeast Corner: 48º02.15' N. Lat. 124º41.00' W. Lon.

(5) Unless otherwise amended all other provisions of the permanent rule remain in effect.

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

The following sections of the Washington Administrative Code are repealed effective immediately:

Commercial crab fishery—Unlawful acts. (20-47)

Commercial crab fishery—Seasons and areas—Coastal. (20-47)

WAC 220-340-42000Z	Commercial crab fishery—Unlawful acts. (20-47)
WAC 220-340-45000S	Commercial crab fishery—Seasons and areas—Coastal. (20-47)