[Order 25-46—Filed March 18, 2025, 2:41 p.m., effective March 21, 2025, 8:00 a.m.]

Effective Date of Rule: March 21, 2025, 8:00 a.m.

Purpose: This emergency rule opens a portion of Quinault Special Management Area (SMA) to state commercial crab fishers.

Citation of Rules Affected by this Order: Repealing WAC 220-340-42000D and 220-340-45000W; 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: This emergency rule is necessary to open a portion of the Quinault SMA, with a pot limit, to state fishers. Tribal SMA 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 2, Amended 0, Repealed 2.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: March 18, 2025.

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

Notwithstanding the provisions of WAC 220-340-420, 8:00 AM March 21, 2025, 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. Vessel hold inspection certificates dated from January 14, 2025, through February 9, 2025, are only valid for the area south of 46°28.00 N. Lat. until 8:00 A.M. March 18, 2025; and

(b) The vessel inspection certificate numbers are recorded on all shellfish tickets completed for coastal Dungeness crab landings until March 18, 2025.

(2) It is unlawful for a vessel to use more than 200 pots in the Makah SMA beginning 8:00 A.M. March 13, 2025, until 8:00 A.M. April 12, 2025. 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:

• E-mail to Jamie Fuller at Jamie.Fuller@dfw.wa.gov; or

• Telephone call to Jamie Fuller at 360-580-0875.

(3) It is unlawful for a vessel to use more than a total of 100 pots in the Quinault SMA as described below from 8:00 AM on March 21, 2025, until 8:00 AM on April 21, 2025. The area of the Quinault SMA open to state fishers is defined by the following coordinates:

(a) Raft River (East): 47°28.00'N. Lat. 124°20.70'W. Lon.

(b) Raft River (West): 47°28.00'N. Lat. 124°34.00'W. Lon.

(d) Split Rock (West): 47°24.50'N. Lat. 124°28.50'W. Lon.

(e) Joe Creek (East): 47°12.25'N. Lat. 124°12.28'W. Lon.

(f) Joe Creek (West): 47°12.25'N. Lat. 124°19.00'W. Lon.

(g) Copalis River (East): 47°08.00'N. Lat. 124°11.20'W. Lon.

(h) Copalis River (West): 47°08.00'N. Lat. 124°25.50'W. Lon.

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:

• E-mail to Jamie Fuller at Jamie.Fuller@dfw.wa.gov; or

• Telephone call to Jamie Fuller at 360-580-0875.

(4) Unless otherwise amended 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 220-340-45000XCommercial crab fishery—Seasons and areas—Coastal.

Notwithstanding the provisions of WAC 220-340-450 8:00 AM March 21, 2025, 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: The area from the WA/OR border (46°15.00) to the US/Canada border including Grays Harbor and Willapa Bay.

(a) 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.

(b) Licenses and vessels designated to those licenses that participate in the coastal commercial Dungeness crab fishery in the waters from Point Arena, California, to Klipsan Beach, Washington (46°28.00), including Willapa Bay, before the area north of Klipsan Beach (46°28.00') opens, are prohibited from fishing in the following area for the duration specified:

The waters between Oysterville (46°33.00') and US/Canada Border until 8:00 A.M. March 18, 2025.

(c) The Makah special management area (SMA) includes the waters between 48°02.15'N. Lat. and 48°19.50'N. Lat. east of a line connecting those points and approximating the 25-fathom line according to the following coordinates:

(i) Northeast Corner: (Tatoosh Island)

(ii) Northwest Corner: 48°19.50'N. Lat. 124°50.45'W. Lon.

(iii) Southwest Corner: 48°02.15'N. Lat. 124°50.45'W. Lon.

(iv) Southeast Corner: 48°02.15'N. Lat. 124°41.00'W. Lon.

(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) 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 coordinates:

(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) Unless otherwise amended all other provisions of the permanent rule remain in effect.

The following sections of Washington Administrative Code are repealed, effective 8 AM March 21, 2025:

Commercial crab fishery—Unlawful acts. (25-35)

Commercial crab fishery—Seasons and areas—Coastal. (25-35)

WAC 220-340-42000D	Commercial crab fishery—Unlawful acts. (25-35)
WAC 220-340-45000W	Commercial crab fishery—Seasons and areas—Coastal. (25-35)