[Order 24-61—Filed April 25, 2024, 2:23 p.m., effective May 1, 2024, 8:00 a.m.]

Effective Date of Rule: May 1, 2024, 8:00 a.m.

Purpose: This emergency rule is necessary to adjust the Quinault secondary special management area boundary.

Citation of Rules Affected by this Order: Repealing WAC 220-340-42000X and 220-340-45000R; 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: Tribal special management area descriptions conform with state/tribal agreements and state/tribal discussions regarding in-season modifications. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 2, Amended 0, Repealed 2.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: April 25, 2024.

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

Notwithstanding the provisions of WAC 220-340-420 and WAC 220-340-480, effective 8:00 a.m. May 1, 2024, until further notice:

(1) It unlawful for a vessel to use more than 100 pots in the Quileute SMA area between Cape Johnson (47°58.00) and Destruction Island (47°40.50) shoreward of a line approximating the 30-fathom depth curve from 8:00 a.m. May 1 through 7:59 a.m. June 1, 2024. Fishers must pre-register with the Department of Fish and Wildlife 24 hours prior to deploying gear in this area by one of the following methods:

(a) E-mail to Jamie Fuller at Jamie.Fuller@dfw.wa.gov; or

(b) Telephone call to Jamie Fuller at 360-580-0875.

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

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.

WAC 220-340-45000SCommercial crab fishery—Seasons and areas—Coastal.

Notwithstanding the provisions of WAC 220-340-450, effective 8:00 a.m. May 1, 2024, until further notice: it is unlawful to fish for Dungeness crab in Washington coastal waters, the Pacific Ocean, Grays Harbor, Willapa Bay, or the Columbia River, except as provided in this section:

(1) Open area (except for areas and times listed in sections (2), (3), and (4) below): The area from the WA/OR border (46°15.00) to the U.S./Canada border, including Willapa Bay and Grays Harbor.

For the purposes of this section, the waters of Willapa Bay include the marine waters east of a line connecting 46°44.76 N, 124°05.76 W and 46°38.93 N, 124°04.33 W.

(2) The Quinault secondary special management area (SSMA) is closed to fishing for Dungeness crab. The SSMA includes the area shoreward of a line approximating the 17-fathom depth curve between Split Rock (47º24.50) and Joe Creek (47°12.25) according to the following coordinates:

(a) Northeast Corner (Split Rock): 47°24.50'N. Lat. 124°20.00'W. Lon.

(b) Northwest Corner: 47°24.50'N. Lat. 124°28.50'W. Lon.

(d) Southeast Corner (Joe Creek): 47°12.25'N. Lat. 124°12.28'W. Lon.

(3) Quileute special management area (SMA) definition: 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): 47°58.00'N. Lat. 124°40.40'W. Lon.

(b) Northwest Corner: 47°58.00'N. Lat. 124°49.00'W. Lon.

(d) Southeast Corner (Destruction Island): 47°40.50'N. Lat. 124°24.43'W. Lon.

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

The following sections of Washington Administrative Code are repealed, effective 8:00 a.m. May 1, 2024:

Commercial crab fishery—Unlawful acts. (24-55)

Commercial crab fishery—Seasons and areas—Coastal. (24-55)

WAC 220-340-42000X	Commercial crab fishery—Unlawful acts. (24-55)
WAC 220-340-45000R	Commercial crab fishery—Seasons and areas—Coastal. (24-55)