[Order 20-128—Filed July 9, 2020, 6:29 a.m., effective August 9, 2020]

Effective Date of Rule: Thirty-one days after filing.

Purpose: This rule change incorporates revisions to RCW 77.50.500 resulting from the passage of HB 2250 by the Washington state legislature in 2020 into WAC 220-340-490.

This rule change would allow the recovery of derelict crab gear as early as May 1, prior to the close of the commercial Dungeness crab season. Gear recovery would be allowed after May 1 when a reduced pot limit is in effect and summer buoy tags are required. This measure would allow crab fishers to recover gear that is not properly marked with a summer buoy tag. Removal of this gear would avoid this gear becoming lost or abandoned and potentially increasing the likelihood of entangling a whale or other marine life.

Citation of Rules Affected by this Order: Amending WAC 220-340-490.

Statutory Authority for Adoption: RCW 77.04.020, 77.12.045, and 77.12.047.

Adopted under notice filed as WSR 20-10-038 on April 28, 2020.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 0.

Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: July 7, 2020.

AMENDATORY SECTION(Amending WSR 20-04-066, filed 1/31/20, effective 3/2/20)

WAC 220-340-490Commercial crab fishery—Coastal gear recovery permits.

(1) Emergency coastal crab gear recovery permit. Emergency permits are granted on a case-by-case basis to allow crab fishers to recover shellfish pots that were irretrievable at the end of the lawful season opening due to extreme weather conditions. The director or director's designee may grant an emergency coastal crab gear permit once a commercial crab season is closed. Crab fishers must notify and apply to the department's enforcement program for such emergency permits within 24 hours prior to the close of the commercial crab season.

(2) Coastal crab gear recovery permit. 15 days after the close of the primary coastal commercial crab season and from May 1 through September 15, the director or director's designee may grant a coastal crab gear recovery permit for licensed coastal Dungeness crab fishers to recover crab pots that remain in the ocean and belong to state licensed fishers.

(3) It is unlawful to fail to follow the provisions of a coastal crab gear recovery permit. Violation of this section is a misdemeanor, punishable under RCW 77.15.750 Unlawful use of a department permit—Penalty.