[Order 20-154—Filed August 7, 2020, 4:45 p.m., effective August 7, 2020, 4:45 p.m.]

Effective Date of Rule: Immediately upon filing.

Purpose: The purpose of this rule is to delay the recreational crab opening in Marine Area 7 North by one week. In order to make up the lost opportunity will be regained by opening Marine Area 7 North and 7 South seven days per week from September 24 through 30.

Citation of Rules Affected by this Order: Repealing WAC 220-330-04000M and 220-330-04000N; and amending WAC 220-330-040.

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: The previous emergency rule, WSR 20-14-060, was issued June 26, 2020, to open the recreational crab harvest in the marine areas listed to achieve the 50/50 harvest defined by the federal court order. Since that time, sampling revealed that legal size Dungeness crab in Marine Area 7 North will not have met the criteria of eighty percent hardshell prior to the previously announced opening date of August 13. This emergency rule delays the opening date for Marine Area 7 North until August 20, when it is projected to meet the criteria of eighty percent hardshell as required in the Region 1 Crab Management Plan. In consideration of the delay in opening Marine Area 7 North, the lost opportunity will be regained by opening Marine Area 7 North and 7 South seven days per week from September 24 through 30.

Recreational crab fisheries will still open at 12:01 a.m. on the first day instead of 7:00 a.m. in each of the marine areas as stipulated by the permanent rule. Marine Area 12 south of a line projected due east from Ayock Point and Marine Area 13 will still be closed.

Immediate adoption of this rule is necessary for the preservation of the public health, safety, or general welfare. Observing time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.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 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: August 7, 2020.

WAC 220-330-04000NCrab—Areas and seasons—Personal use.

Notwithstanding the provisions of WAC 220-330-040, effective immediately through September 30, 2020, it is unlawful to fish for crab for personal use in Puget Sound in all waters of Marine Areas, 4 east of the Bonilla-Tatoosh line, 5, 6, 7, 8-1, 8-2, 9, 10, 11, 12 and 13, except as provided herein:

(1) Marine Areas 4 east of the Bonilla-Tatoosh line, 5, 6, 8-1, 8-2, and 9: Effective immediately through 11:59 p.m. September 7, 2020, it is permissible to fish for crab for personal use on Thursdays, Fridays, Saturdays, Sundays and Mondays.

(2) Marine Area 10: Effective immediately through 11:59 p.m. September 7, 2020, it is permissible to fish for crab for personal use on Sundays and Mondays.

(3) Marine Area 11: Effective immediately through 11:59 p.m. September 7, 2020, it is permissible to fish for crab for personal use on Sundays and Mondays.

(4) The portion of Marine Area 12 north of a line projected due east from Ayock Point: Effective immediately through 11:59 p.m. September 7, 2020, it is permissible to fish for crab for personal use on Thursdays, Fridays, Saturdays, Sundays and Mondays.

(5) The portion of Marine Area 12 south of a line projected due east from Ayock Point: Closed until further notice.

(6) Those waters of Marine Area 7 south and west of a line projected from Village Point, Lummi Island, through the navigation buoy just east of Matia Island, thence to the buoy at Clements Reef, thence to the easternmost point of Patos Island, thence running along the northern shore of Patos Island to the westernmost point of Patos Island, thence true west to the international boundary and south of a line that extends from Point Francis on Portage Island, through the marker just north of Inati Bay on Lummi Island to Lummi Island: Effective immediately through 11:59 p.m. September 21, 2020, it is permissible to fish for crab for personal use on Thursdays, Fridays, Saturdays, Sundays and Mondays. Effective 12:01 a.m. September 24, 2020 through 11:59 p.m. September 30, 2020 it is permissible to fish for crab for personal use seven days a week.

(7) Those waters of Marine Area 7 north and east of a line projected from Village Point, Lummi Island through the navigation buoy just east of Matia Island thence to the buoy at Clements Reef thence to the easternmost point of Patos Island, running along the northern shoreline of Patos Island and from the westernmost point of Patos Island true west to the international boundary and north of a line that extends from Point Francis on Portage Island, through the marker just north of Inati Bay on Lummi Island to Lummi Island: Effective 12:01 a.m. August 20, 2020, through 11:59 p.m. September 21, 2020, it is permissible to fish for crab for personal use on Thursdays, Fridays, Saturdays, Sundays and Mondays. Effective 12:01 a.m. September 24, 2020 through 11:59 p.m. September 30, 2020 it is permissible to fish for crab for personal use seven days a week.

(8) Marine Area 13: Closed until further notice.

The following section of the Washington Administrative Code is repealed effective immediately:

Crab—Areas and seasons—Personal use.

The following section of the Washington Administrative Code is repealed effective October 1, 2020:

Crab—Areas and seasons—Personal use.