WSR 26-03-006
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 26-03—Filed January 8, 2026, 1:42 p.m., effective January 8, 2026, 1:42 p.m.]
Effective Date of Rule: Immediately upon filing.
Purpose: This emergency rule sets commercial crab season from Destruction Island to the United States/Canada border.
Citation of Rules Affected by this Order: Repealing WAC 220-340-42000I and 220-340-45000Z; 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 season opening dates are based on measures described in state-tribal harvest management agreements and discussions with comanagers. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 2, Amended 0, Repealed 2.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: January 8, 2026.
Kelly Susewind
Director
NEW SECTION
WAC 220-340-42000JCommercial 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 February 8, 2026.
(2) 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.
(3) Violation of subsection (2) 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.
(4) All other provisions of the permanent rule remain in effect.
NEW SECTION
WAC 220-340-45000ACommercial 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 Willapa Bay, or the Columbia River, except as provided in this section.
(1) Open area: The area from Klipsan Beach, Washington (46°28.00) to the WA/OR border (46°15.00) 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°44.76N, 124°05.76W and 46°38.93N, 124°04.33W.
(b) Licenses and vessels designated to those licenses that fish in the coastal commercial Dungeness crab fishery in the waters between CA/OR border and Cape Falcon, Oregon (45º46.00) before the area between WA/OR border to Oysterville (46°33.00) opens, are prohibited from fishing in this area until 9:00 am January 30, 2026.
(2) Open area: The area from Klipsan Beach (46°28.00) to Destruction Island (47º40.50), including Grays Harbor:
Licenses and vessels designated to those licenses that participate in the coastal commercial Dungeness crab fishery in the waters from Cape Falcon, Oregon (45º46.00) to Klipsan Beach, Washington (46°28.00), including Willapa Bay, before the area between Klipsan Beach (46°28.00) and Destruction Island (47º40.50) opens, are prohibited from fishing in the following areas for the durations specified:
(a) The waters between Klipsan Beach (46°28.00) and Oysterville (46°33.00) until 9:00 a.m. January 14, 2026; and
(b) The waters between Oysterville (46°33.00) and the Destruction Island (47º40.50) until 9:00 a.m. February 8, 2026.
(3) Open area: The area from Destruction Island (47º40.50) to the U.S./Canada border.
(a) It is permissible to set crab gear beginning at 8:00 a.m., January 12, 2026.
(b) It is permissible to pull crab gear beginning at 9:00 a.m., January 15, 2026.
(c) Licenses and vessels designated to those licenses that fish in the coastal commercial Dungeness crab fishery in the waters between CA/OR border and Destruction Island (47º40.50), including Willapa Bay and Grays Harbor, before the area between Destruction Island (47º40.50) and the U.S./Canada border opens, are prohibited from fishing in this area until 9:00 am February 8, 2026.
(4) 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 (47°08.00) according to the following coordinates:
(a) Northeast Corner (Raft River): 47°28.00N. Lat. 124°20.70W. Lon.
(b) Northwest Corner: 47°28.00N. Lat. 124°34.00W. Lon.
(c) Southwest Corner: 47°08.00N. Lat. 124°25.50W. Lon.
(d) Southeast Corner (Copalis River): 47°08.00N. Lat. 124°11.20W. Lon.
(5) 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): 47°58.00'N. Lat. 124°40.40'W. Lon.
(b) Northwest Corner: 47°58.00'N. Lat. 124°49.00'W. Lon.
(c) Southwest Corner: 47°40.50'N. Lat. 124°40.00'W. Lon.
(d) Southeast Corner (Destruction Island): 47°40.50'N. Lat. 124°24.43'W. Lon.
(6) The Makah special management area (SMA) is closed to fishing until further notice. The SMA includes the waters between 48°02.15N. Lat. and 48°19.50N. 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: 48°19.50N. Lat. 124°50.45W. Lon.
(c) Southwest Corner: 48°02.15N. Lat. 124°50.45W. Lon.
(d) Southeast Corner: 48°02.15N. Lat. 124°41.00W. Lon.
(7) All other provisions of the permanent rule remain in effect.
REPEALER
The following sections of Washington Administrative Code are repealed, effective immediately:
WAC 220-340-42000I
Commercial crab fishery—Unlawful acts. (25-312)
WAC 220-340-45000Z
Commercial crab fishery—Seasons and areas—Coastal. (25-312)