[Order 22-52—Filed April 8, 2022, 3:35 p.m., effective April 8, 2022, 3:35 p.m.]

Effective Date of Rule: Immediately upon filing.

Purpose: The provisions of this emergency rule:

(1) Requires all crab harvested to be delivered to an original receiver or recorded on a shellfish transportation ticket within 36 hours of harvest. Requires separate transportation tickets to be completed for each day's harvest not delivered to an original receiver that is stored off the fishing vessel. Implements a 10-day restriction on the length of time that crab may be stored off-vessel before being delivered to an original receiver.

(2) Implements a labeling requirement for crab that are stored off-vessel.

(3) Implements a labeling requirement for crab that are stored off-vessel and not delivered to an original receiver within 36 hours.

(1) Defines subareas east and west of Marine Fish-Shellfish Catch Reporting Area 23C to align with agreed to boundaries within the Region 3 2021-2022 crab management plan. Closes Region 3-4 effective immediately due to a quota attainment. Maintains closures for Crab Management Regions 1, 2 East, 2 West, 3-1, and 3-2.

(2) Closes Port Angeles Harbor to commercial crab harvest due to public health decrees.

(3) Repeals areas where recreational and tribal harvest has been allowed that state commercial harvest has been historically limited.

(1) Allows deployment of up to 25 pots per license for the commercial harvest of Dungeness crab in Crab Management Region 3-1.

(2) Allows deployment of up to 60 pots per license for the commercial harvest of Dungeness crab in Crab Management Region 3-3.

(3) Allows deployment of up to 35 pots per license for the commercial harvest of Dungeness crab in Crab Management Region 3-4. Requires undeployed buoy tags to be retained for inspection.

(1) Clarifies the Puget Sound commercial dealer quick reporting requirements.

(2) Implements a Puget Sound "stored crab" harvest report requirement for crab not delivered to an original receiver with[in] 36 hours of harvest.

(3) Implements a Puget Sound sales report requirement for stored crab that have been reported but not landed.

(4) Implements a registration requirement for commercial license holders to notify the department of their fishing status and which crab management area a license will be fishing in if active.

Citation of Rules Affected by this Order: Repealing WAC 220-340-42000F, 220-340-45500K, 220-340-47000I and 220-352-34000U; and amending WAC 220-340-420, 220-340-455, 220-340-470, 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: Commercial crab harvest in Crab Management Region 3-4 will close effective immediately due to quota attainment. Sufficient harvest quota remains available in Region 3-3 to accommodate continued commercial harvest.

Rules are consistent with comanager agreed regional management plans and in accordance with procedures outlined in the shellfish implementation plan for circumstances when agreement to annual regional management plans has not been reached. These management plans are entered into as required by court order. The Washington department of fish and wildlife managed Puget Sound commercial Dungeness crab season is structured to meet harvest allocation objectives negotiated with applicable treaty tribes and outlined in these 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 4, Amended 0, Repealed 4.

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 8, 2022.

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

Notwithstanding the provisions of WAC 220-340-420:

(1) Crab Management Region 1 includes Marine Fish-Shellfish (MFSF) Catch Reporting Areas 20A, 20B, 21A, 21B, 22A, 22B. Crab Management Region 2E includes MFSF Catch Reporting Areas 24A, 24B, 24C, 24D, and 26A East. Crab Management Region 2W includes MFSF Catch Reporting Areas 25B, 25D, and 26A West. Crab Management Region 3-1 includes MFSF Catch Reporting Areas 23A and 23B. Crab Management Region 3-2 includes MFSF Catch Reporting Areas 25A, 25E, and 23D. Crab Management Region 3-3 includes MFSF Catch Reporting Areas 23C East, and Crab Management Region 3-4 consists of 23C West and 29.

(2) Effective immediately, until further notice, all crab removed from a vessel licensed and fishing in Puget Sound that are not delivered to an original receiver within 36 hours must be recorded on a commercial fish and shellfish transportation ticket. Separate commercial fish and shellfish transportation tickets must be filled out for each day's harvest retained in this manner. It is illegal to retain and store crab prior to delivery and completion of a fish receiving ticket for more than 10 days.

(3) Effective immediately, until further notice, all crab retained and removed from a vessel licensed and fishing in Puget Sound must be stored in containers based on date retained and labeled with the following:

(a) Date of harvest,

(b) An estimate of pounds of crab in each container, and

(4) Effective immediately, until further notice, all crab retained and removed from a vessel licensed and fishing in Puget Sound that are not delivered to an original receiver within 36 hours must be stored in containers based on date retained and labeled with the following:

(a) Date of harvest,

(b) An estimate of pounds of crab in each container,

(d) Commercial fish and shellfish transportation ticket number.

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

Notwithstanding the provisions of WAC 220-340-455:

(1) For the purposes of crab harvest allocation, fishing season, and catch reporting, the following Marine Fish-Shellfish (MFSF) Catch Reporting Areas are modified as follows:

(a) Catch Area 23C East (23C-E) includes those waters of Puget Sound westerly of a line due north from the Ediz Hook light to the international boundary; and easterly of a line projected due north from Low Point.

(b) Catch Area 23C West (23C-W) includes those waters of Puget Sound westerly of a line due north from Low Point to the international boundary; and easterly of a line projected due north from the mouth of the Sekiu River.

(2) Effective immediately, until further notice, the following areas are closed to commercial crab fishing: Crab Management Regions 1, 2E, 2W, 3-1, 3-2, and 3-4.

(3) It is permissible to harvest Dungeness crab for commercial purposes from the following areas, as listed:

(a) Crab Management Region 3-3: effective immediately until further notice or until 1 hour after official sunset on April 15, 2022, whichever comes first.

(4) Public Health Closures: Effective immediately, until further notice, the following areas are closed to commercial crab fishing:

That portion of Marine Fish/Shellfish Catch Area 23D west of a line from the eastern tip of Ediz Hook to the ITT Rayonier Dock.

WAC 220-340-47000JCommercial crab fishery—Gear limits—Puget Sound and Marine Fish-Shellfish Management and Catch Reporting Areas.

Notwithstanding the provisions of WAC 220-340-470:

(1) Effective immediately, until further notice or until 1 hour after official sunset on April 15, 2022, whichever comes first, it is unlawful for any person to harvest crabs for commercial purposes with more than 60 pots per license in Crab Management Region 3-3.

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

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

Notwithstanding the provisions of WAC 220-352-340,

(1) Effective immediately, until further notice, it is unlawful for any wholesale dealer acting in the capacity of an original receiver of Dungeness crab landed by WDFW licensed Puget Sound commercial crab harvesters to fail to report to the department the previous day's purchases by 10:00 a.m. the day following the purchase. Reports must be made online at the Puget Sound commercial crab reporting website, by fax to (360) 302-3031, or by e-mail at crab.report@dfw.wa.gov. Reports must include all of the following:

(a) Dealer name,

(b) Dealer license number,

(d) Date of delivery of crab to the original receiver, and

(e) The total number of pounds of crab caught by WDFW licensed commercial fishers by Crab Management Region or Marine Fish-Shellfish Management and Catch Reporting Area.

(2) Effective immediately, until further notice, commercial harvesters of crab in Puget Sound must deliver all crab removed from their vessel to a licensed original receiver within 36 hours or submit a report of crab retained for delivery at a future date to the Department. Reports must be received within 36 hours following an offload. Reports must be made by online on the Puget Sound commercial crab reporting website or by e-mail at crab.report@dfw.wa.gov. Reports must contain all of the following:

(a) Harvester name,

(b) WDFW issued vessel ID,

(d) Date of harvest,

(e) An estimate of pounds of harvest retained by Crab Management Region or Marine Fish-Shellfish Management and Catch Reporting Area, and

(f) A commercial fish and shellfish transportation ticket number.

(3) Effective immediately, until further notice, commercial harvesters of crab in Puget Sound must report the delivery of all crab to an original receiver that were previously retained off-vessel by 10:00 a.m. the day following delivery to an original receiver. Reports must be made online at the Puget Sound commercial crab reporting website, or by e-mail at crab.report@dfw.wa.gov. Reports must contain all of the following:

(a) Harvester name,

(b) WDFW issued vessel ID,

(d) Date of sale,

(e) Dealer name,

(f) Commercial shellfish transportation ticket number(s) delivered, and

(g) Fish receiving ticket number(s) corresponding to landing date of delivery.

(4) Effective immediately, until further notice, Puget Sound commercial crab license holders, or their designated alternate operators, must register which Crab Management Region that gear will be deployed in for each license they hold prior to the opening date or if licenses are not being fished. Registrations must be updated when gear moves between areas or fishing activity stops. Registrations can be made by registering on the WDFW Puget Sound commercial crabbing web page or sending an email to crab.report@dfw.wa.gov, detailing the following information:

(a) Vessel Operator Name

(b) Vessel Name and Vessel Registration Number

(d) Crab Management Region to be fished or an indication that licenses will remain unfished

(e) Gear Deployment Date

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.

Reviser's note: The unnecessary underscoring 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:

Commercial crab fishery—Unlawful acts. (22-47)

Commercial crab fishery—Seasons and areas—Puget Sound. (22-47)

Commercial crab fishery—Gear requirements—Puget Sound. (22-47)

Puget Sound crab—Additional reporting requirements. (22-47)

WAC 220-340-42000F	Commercial crab fishery—Unlawful acts. (22-47)
WAC 220-340-45500K	Commercial crab fishery—Seasons and areas—Puget Sound. (22-47)
WAC 220-340-47000I	Commercial crab fishery—Gear requirements—Puget Sound. (22-47)
WAC 220-352-34000U	Puget Sound crab—Additional reporting requirements. (22-47)