[Order 24-06—Filed January 18, 2024, 10:49 a.m., effective January 18, 2024, 10:49 a.m.]

Effective Date of Rule: Immediately upon filing.

Purpose: The purpose of this emergency rule is to open coastal commercial Dungeness crab seasons.

Citation of Rules Affected by this Order: Repealing WAC 220-340-42000S; 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: The state season opening date is based on decisions made by West Coast managers according to the provisions of the Tri-State Dungeness crab preseason testing protocols and the provisions of state-tribal harvest management agreements. Pot limits will reduce fishing effort and ease crowding at the start of the season. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 2, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: January 18, 2024.

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

Notwithstanding the provisions of WAC 220-340-420, effective immediately 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:

(a) A valid Washington crab vessel inspection certificate has been issued to the delivering vessel and;

(b) The vessel inspection certificate numbers are recorded on all shellfish tickets completed for coastal Dungeness crab landings until March 2, 2024.

(2) Effective 8:00 a.m. February 1, 2024, it is unlawful for persons participating in the Washington coastal, Columbia River, Grays Harbor, or Willapa Bay commercial Dungeness crab fishery to:

(a) Deploy or operate more than 400 shellfish pots if the permanent number of shellfish pots assigned to the Coastal commercial crab fishery license held by that person is 500.

(b) Deploy or operate more than 250 shellfish pots if the permanent number of shellfish pots assigned to the Coastal Dungeness crab fishery license held by that person is 300.

(c) Fail to maintain onboard any participating vessel the excess crab pot buoy tags assigned to the Coastal Dungeness crab fishery license being fished.

(d) Store or possess crab pots on board any participating vessel in excess of the vessels pot limit.

(3) It is unlawful to possess or deliver Dungeness crab unless the following conditions are met:

Vessels that participate in the Dungeness crab fishery south of Cape Falcon, Oregon (45º46.00 N. Lat.) may not deliver crab north of the Columbia River except into the ports of Ilwaco and Chinook until 8:00 a.m. February 1, 2024. Such vessels must adhere to the Oregon Department of Fish and Wildlife closed area transit allowance requirements.

(4) It is unlawful for a vessel not designated on a coastal Dungeness crab fishery license to deploy crab pot gear except under the following conditions:

(a) The vessel deploys pot gear only during the 73-hour period immediately preceding the season opening date and during the 48-hour period immediately following the season opening date;

(b) The undesignated vessel carries no more than 250 crab pots at any one time; and

(c) The primary or alternate operator of the crab pot gear named on the license associated with the gear is on board the undesignated vessel while the gear is being deployed.

(5) Violation of subsection (5) of this section is a gross misdemeanor or class C felony punishable under RCW 77.15.500 Commercial fishing without a license—Penalty, depending on the circumstances of the violation.

(6) All other provisions of the permanent rule remain in effect.

WAC 220-340-45000NCommercial 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, including Grays Harbor, Willapa Bay, or the Columbia River, except as provided in this section.

(1) Open area: The area from the WA/OR border (46º15.00) to the U.S./Canada border, including Willapa Bay, Grays Harbor, and the Columbia River.

(a) For the purposes of this section, the waters of Willapa Bay include the marine waters east of a line connecting 46º44.76 N, 124º05.76 W and 46º38.93 N, 124º04.33 W.

(b) It is permissible to set crab gear beginning at 8:00 a.m., January 29, 2024.

(d) Licenses and vessels designated to those licenses that participate in the coastal commercial Dungeness crab fishery in the waters from Point Arena, California, to Cape Falcon, Oregon (45º46.00 N. Lat.), before the area north of Cape Falcon, Oregon (45º46.00 N. Lat.) opens, are prohibited from fishing in the following area for the duration specified:

The waters between WA/OR border (46º15.00) and U.S./Canada border, including Willapa Bay, Grays Harbor, and the Columbia River until 8:00 a.m. March 2, 2024.

(2) The Quinault primary special management area (PSMA) is closed to fishing for Dungeness crab until further notice. The PSMA includes the area shoreward of a line approximating the 27-fathom depth curve between Raft River (47º28.00) and Copalis River (47º08.00) according to the following coordinates:

	(a) Northeast Corner (Raft River):	47º28.00 N. Lat. 124º20.70 W. Lon.
	(b) Northwest Corner:	47º28.00 N. Lat. 124º34.00 W. Lon.
	(c) Southwest Corner:	47º08.00 N. Lat. 124º25.50 W. Lon.
	(d) Southeast Corner (Copalis River):	47º08.00 N. Lat. 124º11.20 W. Lon.

(3) The Quileute special management area (SMA) is closed 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.
	(c) Southwest Corner:	47º40.50' N. Lat. 124º40.00' W. Lon.
	(d) Southeast Corner (Destruction Island):	47º40.50' N. Lat. 124º24.43' W. Lon.

(4) The Makah special management area (SMA) is closed to fishing 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.
	(c) Southwest Corner:	48º02.15 N. Lat. 124º50.45 W. Lon.
	(d) Southeast Corner:	48º02.15 N. Lat. 124º41.00 W. Lon.

(5) All other provisions of the permanent rule remain in effect.

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

Commercial crab fishery—Unlawful acts. (24-01)