Effective Date of Rule: Thirty-one days after filing.

     Purpose: The purpose of this rule is to open the state's Puget Sound recreational crab fishery within defined areas and seasons consistent with the Washington fish and wildlife commission's (FWC) Policy C-3609 and the legislative mandates set forth in Title 77 RCW.

     Reasons Supporting Proposal: This proposal was discussed during two fish and wildlife commission public hearings (December 2010 and February 2011), and the changes were approved by the commission at the February 2011 commission meeting. The rule changes were evaluated to ensure their consistency with resource-conservation principles, the promotion of orderly fisheries, and the economic well being and stability of state fisheries.

     Citation of Existing Rules Affected by this Order: Amending WAC 220-56-330.

     Statutory Authority for Adoption: RCW 77.04.012, 77.12.045, and 77.12.047.

      Adopted under notice filed as WSR 10-21-102 on October 20, 2010.

     Changes Other than Editing from Proposed to Adopted Version: The WAC as filed with the CR-102 identified a July 1 through Labor Day summer season and an October through December 31 winter season. However, the department determined that establishing winter seasons in the permanent rule could result in overharvest of the state's share of crab in years of high recreational fishing effort. Therefore, the adopted WAC does not provide for recreational fishery openings after Labor Day. These openings will be based on summer recreational catch and state-tribal harvest sharing objectives, and they will be established by emergency rule.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: February 4, 2011.

Miranda Wecker

Chair

OTS-3745.2

AMENDATORY SECTION(Amending Order 10-64, filed 3/19/10, effective 5/1/10)

WAC 220-56-330   Crab -- Areas and seasons.   (1) It is unlawful to fish for or possess crab taken for personal use from Puget Sound except during the following seasons:

     (a) Marine Area 4 east of the Bonilla-Tatoosh line, and Areas 5, 6, 8-1, 8-2, 9, 10, 11, 12, and 13(( - )): Open 7:00 a.m., ((June 18 through the last day in February)) July 1 through Labor Day, Thursday through Monday of each week.

     (b) Those waters of ((Area 6, those waters of)) Marine Area 7 south and west of a line projected from Village Point, Lummi Island, through the navigation buoy just east of Matia Island, thence to the buoy at Clements Reef, thence to the easternmost point of Patos Island, thence running along the northern shore of Patos Island to the westernmost point of Patos Island, thence due west to the international boundary((; westerly of a straight line from the northernmost tip of Sinclair Island through Lummi Rocks to Lummi Island; and west of a line projected from the southeast point of Sinclair Island to the ferry dock at Shannon Point, and waters of Areas 8-1, 8-2, 9, 10, 11 and 12 - )) and south of a line that extends from Point Francis on Portage Island, through the marker just north of Inati Bay on Lummi Island to Lummi Island: Open 7:00 a.m. ((July 1 through September 3, open only Wednesday through Saturday of each week and open Sunday, September 5 and Monday, September 6.

     (c) Those contiguous waters of Marine Area 7 north, south and east of a line that extends from Point Francis on Portage Island, through the marker just north of Inati Bay on Lummi Island to Lummi Island, and a line that extends from the Anacortes ferry dock at Shannon Point, northward to the southeastern tip of Sinclair Island, thence from the northernmost tip of Sinclair Island through Lummi Rocks to Lummi Island (southeast Hale Pass, Bellingham Bay, Samish Bay, Padilla Bay, eastern waters of Bellingham Channel, Guemes Channel and Fidalgo Bay) - Open 7:00 a.m. July 16 through September 30, and open only Wednesday through Saturday except also open Sunday, September (5) and Monday, September 6)), July 15 through September 30, Thursday through Monday of each week.

     (((d))) (c) Those waters of Marine Area 7 north and east of a line projected from Village Point, Lummi Island through the navigation buoy just east of Matia Island thence to the buoy at Clements Reef thence to the easternmost point of Patos Island, running along the northern shoreline of Patos Island and from the westernmost point of Patos Island due west to the international boundary and north of a line that extends from Point Francis on Portage Island, through the marker just north of Inati Bay on Lummi Island to Lummi Island(( - )): Open 7:00 a.m. August ((17)) 15 through September 30, ((and open only Wednesday)) Thursday through ((Saturday)) Monday of each week ((except also open Sunday, September 5 and Monday, September 6)).

     (2) It is unlawful to fish for or possess crab taken for personal use with shellfish pot gear from Marine Areas 1, 2, 3, and Area 4 west of the Bonilla-Tatoosh line except during the period from December 1 through September 15. Open to gear other than shellfish pot gear year-round.

     (3) The Columbia River upstream from a line projected from the outermost end of the north jetty to the exposed end of the south jetty is open to crab fishing for personal use year-round.

[Statutory Authority: RCW 77.12.047. 10-07-105 (Order 10-64), § 220-56-330, filed 3/19/10, effective 5/1/10; 05-12-007 (Order 05-102), § 220-56-330, filed 5/19/05, effective 6/19/05; 05-05-035 (Order 05-15), § 220-56-330, filed 2/10/05, effective 5/1/05; 04-07-009 (Order 04-39), § 220-56-330, filed 3/4/04, effective 5/1/04; 01-06-036 (Order 01-24), § 220-56-330, filed 3/5/01, effective 5/1/01. Statutory Authority: RCW 75.08.080, 77.12.040. 00-08-038 (Order 00-29), § 220-56-330, filed 3/29/00, effective 5/1/00; 99-08-029 (Order 99-13), § 220-56-330, filed 3/30/99, effective 5/1/99; 98-06-031, § 220-56-330, filed 2/26/98, effective 5/1/98. Statutory Authority: RCW 75.08.080. 97-07-078 (Order 97-53), § 220-56-330, filed 3/19/97, effective 5/1/97; 96-11-078 (Order 96-44), § 220-56-330, filed 5/13/96, effective 6/13/96; 93-08-034 (Order 93-20), § 220-56-330, filed 3/31/93, effective 5/1/93; 90-06-026, § 220-56-330, filed 2/28/90, effective 3/31/90; 86-09-020 (Order 86-08), § 220-56-330, filed 4/9/86; 85-09-017 (Order 85-20), § 220-56-330, filed 4/9/85; 84-09-026 (Order 84-22), § 220-56-330, filed 4/11/84; 80-03-064 (Order 80-12), § 220-56-330, filed 2/27/80, effective 4/1/80. Formerly WAC 220-56-082.]

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