[Order 20-213—Filed September 30, 2020, 4:53 p.m., effective October 1, 2020]

Effective Date of Rule: October 1, 2020.

Purpose: Amends rules for Puget Sound commercial crab fishery.

Citation of Rules Affected by this Order: Amending WAC 220-340-420, 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: There is sufficient allocation available in Regions 1, 2 West, 3-1, 3-2, and 3-3 to accommodate this opening. 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. Further adjustment of season structure may be made pending updated harvest data. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 3, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: September 30, 2020.

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

Notwithstanding the provisions of WAC 220-340-420:

(1) Effective October 1, 2020 until further notice it is illegal to deploy Dungeness crab pots for commercial purposes in Crab Management Region 2 East.

(2) Effective October 1, 2020 at 12:00 a.m. until October 5, 2020 at 7:59 a.m. it is illegal to deploy Dungeness crab pots for commercial purposes in Crab Management Regions 1, 2 West, 3-1, 3-2, and 3-3.

(3) Effective 8:00 a.m. October 5, 2020 until 7:59 a.m. October 7, 2020 it is permissible to deploy Dungeness crab pots for commercial purposes in Crab Management Regions 1, 3-1 and 3-3 from a vessel not designated on a person's Puget Sound crab license, provided that the primary or alternate operator designated on the license is on board the non-designated vessel ("barge" vessel), and prior notice has been given as provided below. Crab pots may only be deployed during daylight hours. Crab Management Region 1 includes Marine Fish-Shellfish (MFSF) Catch Reporting Areas 20A, 20B, 21A, 21B, 22A, 22B. Crab Management Region 3-1 includes MFSF Catch Reporting Areas 23A and 23B. Crab Management Region 3-3 includes MFSF Catch Reporting Areas 23C and 29.

(4) Barging is not allowed in Crab Management Regions 2 West and 3-2. Crab Management Region 2 West includes MFSF Catch Reporting Areas 25B, 25D, and 26A West. Crab Management Region 3-2 includes MFSF Catch Reporting Areas 23D, 25A, and 25E.

(5) The licensed owner must leave a telephone message at, (360) 302-3030 ext. 321, or send an email to crab.report@dfw.wa.gov, detailing the following information:

(a) Name and license number of licensed owner.

(b) Name of designated primary operator if different from licensed owner.

(d) Buoy brand number and number of pots to be deployed from a non-designated vessel.

(e) Name and identification numbers (WN and/or Coast Guard) of the non-designated vessel.

(6) Additional area gear limits. The following Marine Fish-Shellfish Management and Catch Reporting Areas are restricted in the number of pots fished, operated, or used by a person or vessel, and it is unlawful for any person to use, maintain, operate, or control pots in excess of the following limits: No commercial gear is allowed in 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.

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

Notwithstanding the provisions of WAC 220-340-450:

(1) Effective October 1, 2020 at 12:00 a.m. until further notice it is illegal to harvest Dungeness crab for commercial purposes in Crab Management Region 2 East.

(2) Effective October 1, 2020 at 12:00 a.m. until October 5, 2020 at 7:59 a.m. it is illegal to harvest Dungeness crab for commercial purposes in Crab Management Regions 1, 2 West, 3-1, 3-2, and 3-3.

(3) Effective October 5, 2020 at 12:00 a.m. until further notice it is permissible to harvest Dungeness crab for commercial purposes in Crab Management Regions 1, 2 West, 3-1, 3-2, and 3-3.

(4) Effective 8:00 a.m. October 5, 2020, until further notice, it is permissible to harvest Dungeness crab for commercial purposes in the following areas in Region 1:

(a) Those waters of Marine Fish-Shellfish Management and Catch Reporting Area 20A between a line from the boat ramp at the western boundary of Birch Bay State Park to the western point of the entrance of the Birch Bay Marina and a line from the same boat ramp to Birch Point.

(b) Those waters of Marine Fish-Shellfish Management and Catch Reporting Area 22B in Fidalgo Bay south of a line projected from the red number 4 entrance buoy at Cape Sante Marina to the northern end of the eastern most oil dock.

(c) Those waters of Marine Fish-Shellfish Management and Catch Reporting Area 22A in Deer Harbor north of a line projected from Steep Point to Pole Pass.

(5) Effective 8:00 a.m. October 5, 2020, until further notice, it is permissible to harvest Dungeness crab for commercial purposes in the following areas in Region 2 West:

(d) Those waters of Marine Fish-Shellfish Management and Catch Reporting Area 26A-W in Useless Bay north and east of a line from the south end of the Double Bluff State Park seawall (47°58.782'N, 122°30.840'W) projected 110 degrees true to the boulder on shore (47°57.690'N, 122°26.742'W).

(6) Effective 8:00 a.m. October 5, 2020, until further notice, it is illegal to harvest Dungeness crab for commercial purposes in the following areas in Region 2 East:

(e) That portion of Marine Fish-Shellfish Management and Catch Reporting Area 24C shoreward of the 400-foot depth contour within an area described by two lines projected northeasterly from Sandy Point and the entrance to the marina at Langley.

(f) That portion of Marine Fish-Shellfish Management and Catch Reporting Area 26A-E east of a line that extends true north from the green #1 buoy at Possession Point to Possession Point, and west of a line from the green #1 buoy at Possession Point extending northward along the 200-foot depth contour to the Glendale dock.

(g) That portion of Marine Fish-Shellfish Catch Reporting Area 26A east of a line projected from the outermost tip of the ferry dock at Mukilteo, projected to the green #3 buoy at the mouth of the Snohomish River, and west of a line projected from that #3 buoy southward to the oil boom pier on the shoreline.

(7) Effective 8:00 a.m. October 5, 2020, 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 a line from the eastern tip of Ediz Hook to the ITT Rayonier Dock.

(c) Those waters of Marine Fish-Shellfish Management and Catch Reporting Area 24A east of a line projected true north from the most westerly tip of Skagit Island and extending south to the most westerly tip of Hope Island, thence southeast to Seal Rocks, thence southeast to the green can buoy at the mouth of Swinomish Channel, thence easterly to the west side of Goat Island.

(8) Effective 8:00 a.m. October 5, 2020, until further notice, it is unlawful for any person to harvest crabs for commercial purposes with more than 35 pots per license per buoy tag number in Crab Management Region 1.

(9) Effective 8:00 a.m. October 5, 2020, until further notice, it is unlawful for any person to harvest crabs for commercial purposes with more than 50 pots per license per buoy tag number in Crab Management Regions 2 West, 3-1, 3-2, or 3-3.

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

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

Notwithstanding the provisions of WAC 220-352-340, effective 8:00 am, October 5, 2020, until further notice, 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 (360) 302-3031 or by e-mail at crab.report@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.