For purposes of crab harvest management, Puget Sound commercial crab uses a hierarchy of geographical management units consisting of region, subregion, Marine Fish-Shellfish Management and Catch Reporting Area (catch area), and subarea. This section defines these units.

(1) The following areas are defined as Puget Sound Crab Management Regions and Subregions:

(a) Region 1 - (North Puget Sound): All waters of Catch Areas (see WAC 220-301-040) 20A, 20B, 21A, 21B, 22A, and 22B.

(b) Region 2-East (2E) - (Eastern Central Puget Sound): All waters of Catch Areas 24A, 24B, 24C, 24D, and Subarea 26A-E (subareas defined in subsection (2) of this section).

(c) Region 2-West (2W) - (Western Central Puget Sound): All waters of Marine Fish-Shellfish Management and Catch Reporting Areas 25B, 25D, and Subarea 26A-W.

(d) Region 3: All waters within Catch Areas 23A, 23B, 23C, 23D, 25A, 25E, and 29.

(i) Subregion 3-1 - (Eastern Strait of Juan de Fuca): All waters of Marine Fish-Shellfish Management and Catch Reporting Areas 23A and 23B.

(ii) Subregion 3-2 - (Southeastern Strait of Juan de Fuca): All waters of Marine Fish-Shellfish Management and Catch Reporting Areas 23D, 25A, and 25E.

(iii) Subregion 3-3 - (Central Strait of Juan de Fuca): All waters of Subarea 23C-East.

(iv) Subregion 3-4 - (Western Strait of Juan de Fuca): All waters of Subarea 23C-West and Catch Area 29.

(e) Region 4 - (Southern Central Puget Sound): All waters of Catch Areas 26B and 26C.

(f) Region 5 - (Hood Canal): All waters of Catch Areas 25C, 27A, 27B, and 27C.

(g) Region 6 - (((South Puget Sound))Tacoma/Vashon Island): All waters of Catch ((Areas 26D, 28A, 28B, 28C, and 28D))Area 26D.

(2) The following areas are defined as Puget SoundCommercial Crab Subareas: For purposes of Puget Sound Crab harvest allocation, fishing season, and catch reporting, Marine Fish-Shellfish Management and Catch Reporting Areas (catch areas; WAC 220-301-040) are modified as follows:

(a) Catch Area 23C is divided into two subareas:

(i) Crab Subarea 23C-East (23C-E): All waters of Puget Sound westerly of a line true north from Ediz Hook Light (48.1400°, -123.4025°) to the International Boundary; and easterly of a line projected true north from Low Point (48.1608°, -123.8268°).

(ii) Crab Subarea 23C-West (23C-W): All waters of Puget Sound westerly of a line true north from Low Point (48.1608°, -123.8268°) to the International Boundary; and easterly of a line projected true north from the mouth of the Sekiu River (48.2878°, -124.3954°).

(b) Catch Area 26A is divided into two crab subareas:

(i) Crab Subarea 26A-East (26A-E): All waters of Puget Sound south of a line from Sandy Point (on Whidbey Island; 48.0342°, -122.3764°) to Camano Head (48.0570°, -122.3580°) and from Camano Head to the northern tip of Gedney (Hat) Island (48.0215°, -122.3274°), and from the southern tip of Gedney (Hat) Island (48.0048°, -122.3580°) east to the mainland (to near the northern end of the Everett 10th St. Marina, 48.0048°, -122.2219°), and north and east of a line that extends from the southern tip of Possession Point (47.9061°, -122.3846°) to the shipwreck located 0.8 nautical miles north of Picnic Point (47.8931°, -122.3286°) on the opposite shore.

(ii) Crab Subarea 26A-West (26A-W): All waters of Puget Sound south and east of a line from Foulweather Bluff (47.9392°, -122.6139°) to Double Bluff (47.9677°, -122.5460°), and northerly of a line from Apple Cove Point (47.8146°, -122.4834°) to Point Edwards (47.8027°, -122.3943°), and south and west of a line that extends from the southern tip of Possession Point (47.9061°, -122.3846°) to the shipwreck located 0.8 nautical miles north of Picnic Point (47.8931°, -122.3286°).

(1) Crab pot is defined as a shellfish pot, as described in WAC 220-320-040, modified to comply with all pursuant regulations to harvest Dungeness crab, as provided for in WAC 220-340-435.

(2) Shrimp pot is defined as a shellfish pot, as described in WAC 220-320-040, modified to comply with all pursuant regulations to harvest spot shrimp, as provided for in WAC 220-340-510 and 220-340-520, or species of the nonspot species complex, as provided for in WAC 220-340-525.

(3) Pot liner is defined as any additional mesh material, overlaid or underlaid on a shellfish pot, to reduce the initial mesh size of the pot.

(4) Terminal chamber is defined as the section of a multichambered shrimp pot from which an entrapped organism cannot move into another baited or unbaited section while staying within the confines of the pot.

(5) Entry tunnel is defined as a tapered entrance designed to facilitate entry into and impede exit from a single or multichambered shellfish pot, as described in WAC 220-320-040, 220-340-520, and 220-340-525.

(6) Logbook is defined as a record of catch, effort, conditions, and/or locations that contributed to the harvest of commercial shellfish recorded at the time of harvest by a commercially licensed fisher. Logbooks may be recorded on paper or electronic forms.

(7) Buoy brand, as required in WAC 220-353-020, 220-340-430, 220-340-520, and 220-340-525, is defined as a unique identification comprised of numbers, letters, and/or special characters approved, and registered with the department that is visibly marked, labeled, or branded into the surface buoys of fixed gear shellfish fishery gear that is left unattended.

(8) Barging, as permitted in WAC 220-340-421 and 220-340-422, is defined the act of deploying crab pots for the purposes of commercial fishing from a vessel not designated on the coastal commercial crab or Puget Sound license associated with the operator or alternate operator of the gear being deployed.

(1) Logbook requirement: It is unlawful for any vessel operator engaged in the commercial harvest of crawfish, sea cucumber, sea urchin, scallop, shrimp, or squid to fail to obtain and accurately and completely maintain the appropriate harvest log available from the Washington department of fish and wildlife. It is unlawful for any license holder engaged in commercial sand shrimp fishing or operator of mechanical clam digging device to fail to obtain and accurately and completely maintain the appropriate harvest log available from the Washington department of fish and wildlife.

(2) Logbook maintenance: It is unlawful for any harvest vessel operator or license holder engaged in harvest as described in subsection (1) of this section, to fail to maintain the required harvest log: Aboard the vessel; at the harvest site; when crawfish, sea cucumbers, sea urchins, shrimp, squid, scallops, or clams((, or sand shrimp)) are aboard during transit of a harvest vessel, or are in possession of the license holder.

(3) Logbook submission and retention: It is unlawful for the vessel operator or license holder, engaged in harvest as described in subsection (1) of this section, to fail to submit harvest logs for inspection upon request by department of fish and wildlife officers or authorized employees.

(4) It is unlawful for any vessel operator or license holder, engaged in harvest as described in subsection (1) of this section, to fail to comply with the following methods of logbook submittal and time frames related to harvest logbook submittal:

(a) Completed harvest logs for crawfish, coastal ocean pink shrimp, sea cucumber, sea urchin, scallop, Puget Sound shrimp pot ((and)), Puget Sound shrimp trawl, Puget Sound nonspot shrimp pot, and squid must be received by the department within 10 days following any calendar month in which fishing occurred; however, vessel operators or license holders may submit logs directly to authorized department employees.

(b) Vessel operators or license holders responsible for submitting logs to the department, as described in subsection (1) of this section, must maintain a copy of all submitted logs for a period of three years following the harvest activity. Copies of harvest logs, which are required to be maintained, must be available for inspection upon request by department of fish and wildlife officers and authorized employees.

(c) Original harvest logs must be maintained and submitted in ascending consecutive order of the log serial number.

(5) It is unlawful for any vessel operator or license holder, engaged in harvest as described in subsection (1) of this section, to fail to send completed harvest logs to the appropriate following mailing address, except as provided for in subsection (4)(a) of this section.

ATTN: PUGET SOUND SHRIMP HARVEST MANAGER

Washington Department of Fish and Wildlife

375 Hudson St.

Port Townsend, WA 98368.

ATTN: COASTAL SHRIMP HARVEST MANAGER

Washington Department of Fish and Wildlife

48 Devonshire Rd.

Montesano, WA 98563.

ATTN: FISH PROGRAM - CRAWFISH HARVEST MANAGER

Washington Department of Fish and Wildlife

P.O. Box 43150

Olympia, WA 98504-3150.

ATTN: FISH PROGRAM - SEA URCHIN/SEA CUCUMBER HARVEST MANAGER

Washington Department of Fish and Wildlife

P.O. Box 43150

Olympia, WA 98504-3150.

ATTN: FISH PROGRAM - GEODUCK HARVEST MANAGER

Washington Department of Fish and Wildlife

P.O. Box 43150

Olympia, WA 98504-3150.

ATTN: FISH PROGRAM - SCALLOP HARVEST MANAGER

Washington Department of Fish and Wildlife

P.O. Box 43150

Olympia, WA 98504-3150.

ATTN: FISH PROGRAM - COASTAL SQUID HARVEST MANAGER

Washington Department of Fish and Wildlife

P.O. Box 43150

Olympia, WA 98504-3150.

ATTN: PUGET SOUND SQUID HARVEST MANAGER

Washington Department of Fish and Wildlife

375 Hudson St.

Port Townsend, WA 98368.

ATTN: COASTAL SAND SHRIMP HARVEST MANAGER

Washington Department of Fish and Wildlife

P.O. Box 190

Ocean Park, WA 98640-0190.

ATTN: PUGET SOUND SAND SHRIMP HARVEST MANAGER

Washington Department of Fish and Wildlife

375 Hudson St.

Port Townsend, WA 98368.

(6) It is unlawful for any harvest vessel operator or license holder engaged in harvest as described in subsection (1) of this section to fail to permanently and legibly record in ink the following information within the following time frames:

(a) Crawfish:

(i) Before leaving the catch area where harvest occurred, record the vessel Washington department of fish and wildlife boat registration number, number of pots pulled, date pulled, soak time, and gear location; and

(ii) Immediately after delivery of shellfish to an original receiver, record the weight of all shellfish.

(b) Puget Sound shrimp trawl gear:

(i) Before commencing a new tow or prior to leaving the site where the catch was taken, record the vessel name, current date of fishing activity, location fished, trawl width, depth fished, latitude and longitude to the nearest hundredth of a minute at the beginning of each tow, tow speed, duration of tow, and estimated weight of shrimp of each species caught for each tow.

(ii) Immediately after delivery of shrimp to an original receiver or the submission of a fish receiving ticket, if the operator holds a wholesale fish dealer's license and is the original receiver, record the fish receiving ticket number.

(c) Puget Sound shrimp pot:

(i) Before commencing a new tow, record the vessel name, current date of fishing activity, depth fished, latitude and longitude to the nearest hundredth of a minute at the beginning of each tow, duration of tow, estimated weight of shrimp of each species not retained for each tow, and estimated weight of shrimp of each species caught for each tow.

(ii) Immediately after delivery of shrimp to an original receiver or the submission of a fish receiving ticket, if the operator holds a wholesale fish dealer's license and is the original receiver, record the fish receiving ticket number.

(((d)))(f)Sea urchins and sea cucumbers:

(i) Before leaving the harvest site, record the vessel identity, date, Marine Fish-Shellfish Catch Reporting Area fished, location fished, depth fished, latitude and longitude to the nearest tenth of a minute or to the nearest second, and the approximate weight in pounds of sea urchins or sea cucumbers harvested.

(ii) Upon landing or delivery to an original receiver, the exact species and weight of sea urchins, as recorded on the shellfish receiving ticket, must be recorded.

(iii) Upon landing or delivery to an original receiver, the exact weight of sea cucumbers, as recorded on the shellfish receiving ticket, and whether or not prelanded processing occurred ("whole-live" or "split-drained"), must be recorded.

(((e)))(g)Clams, with mechanical digging devices:

(i) Before the end of each day's fishing and departure from the harvest grounds, record the vessel identity if a harvest vessel is used in harvest operation, exact location by latitude and longitude to the nearest thousandths of a minute (recorded in WGS 84 datum), and date of harvest.

(ii) Weight by each clam species in pounds upon landing or delivery to an original receiver.

(iii) Weight in pounds of each clam species caught and returned to the harvest grounds.

(((f)))(h)Scallops:

(i) Before leaving the location where the catch was taken, record the vessel identity, date, location, and duration of harvest and estimated weight in pounds and species of scallops caught for each tow or dive hour.

(ii) Upon landing or delivery to an original receiver, the exact weight in pounds, as recorded on the shellfish receiving ticket, and species of harvested scallops.

(((g)))(i)Squid, except when taken incidental to any other lawful fishery:

(i) Coastal:

(A) Before leaving the Marine Fish-Shellfish Management and Catch Reporting Area where taken, the vessel's Washington department of fish and wildlife boat registration number, gear type, catch area, starting and ending time of fishing, and numbers of other species caught and returned.

(B) Weight in pounds of squid upon landing or delivery to an original receiver.

(ii) Puget Sound:

(A) Before leaving the Marine Fish-Shellfish Management and Catch Reporting Area where taken, the vessel's Washington department of fish and wildlife boat registration number, gear type, catch area, location (nearest landmark, bay, or GPS coordinates), starting and ending time of fishing, total vessel wattage or lumens of attracting lights, and numbers of other species caught and returned.

(B) Weight in pounds of squid upon landing or delivery to an original receiver.

(((h)))(j)Sand shrimp (Puget Sound and coastal), except when taken incidental to other lawful fishery:

(i) Prior to leaving the harvest site, the location or identification number of the harvest tract, date of harvest, number of trenches pumped, average length and width of trenches (yards), total number of sand shrimp retained (dozens).

(ii) At the time of delivery to an original receiver, total number of sand shrimp sold (dozens), and the name of the sand shrimp buyer.

(((i) Puget Sound shrimp pot:

(ii) Immediately after delivery of shrimp to an original receiver, record the fish receiving ticket number.))

(7) Violation of this section as it relates to failing to report required information or failing to submit logbooks is punishable under RCW 77.15.280 reporting of fish or wildlife harvest. Violation of this section as it relates to knowingly providing false or misleading information is punishable under RCW 77.15.270, providing false information.

(1) It is unlawful to take, fish for, land, or deliver spot shrimp taken for commercial purposes with pot gear from Puget Sound waters without a valid Puget Sound shrimp pot license.

A Puget Sound shrimp pot license will only be issued to an individual who is a natural person, and this person shall be the primary operator. Holders of Puget Sound shrimp pot licenses may designate a single alternate operator per license. Puget Sound shrimp pot license holders may not designate a Puget Sound nonspot shrimp pot license on the same vessel.

(2) It is unlawful to fish for spot shrimp for commercial purposes in Puget Sound using shellfish pot gear except during seasons opened by emergency rule.

(3) In all areas fishers are limited to a maximum of 100 spot shrimp pots, as defined in subsection (5)(((d))) of this section((, and a maximum of 100 nonspot shrimp pots, as defined in subsection (5)(e) of this section)), except for dual licensees as provided for in RCW 77.70.410.

(4) Buoy requirements, in all areas:

(a) Buoys must be solid orange in color and consist of durable material that will remain floating on the surface with five pounds attached; bleach or antifreeze bottles or other containers may not be used as floats.

(b) ((Buoys must be marked with the clear identification of the license holder and the vessel designated on the Puget Sound shrimp pot license.))All buoys fished on a single vessel must be marked with the unique numeric buoy brand issued to them by the department and prefaced by fishery specific designation described in subsection (c) of this section.

(c) Buoys brands for buoys designating gear used in the spot shrimp fishery must be prefaced with an "S" (i.e., "S-0000").

(d) When two or more shrimp pots are attached to a common ground line, the number ((and type of pots (spot shrimp or nonspot shrimp pot) so attached)) must be clearly labeled on ((the required))at least one buoy, trailer buoy, or buoy tag.

(((d)))(e) It is unlawful to use a buoy tag that is consistent with requirements for any other state or federally managed commercial fishery operating in the U.S. West Coast Exclusive Economic Zone, or in the state waters of Washington, Oregon, or California, or used by any of the Puget Sound treaty tribes.

(f) Fishers shall use only the amount of line reasonably necessary to compensate for tides, currents, and weather. The line attaching the pot to the buoy must be weighted sufficiently to prevent the line from floating on the surface.

(((e)))(g) It is unlawful to use gear that has one or more line marks or to use multicolor line consistent with requirements for any other state or federally managed commercial fishery operating in the U.S. West Coast Exclusive Economic Zone, or in the state waters of Washington, Oregon, or California.

(5) ((Pot requirements, in all areas))Spot shrimp may only be harvested using gear with the following specifications, in all areas:

(a) ((A shrimp pot may not exceed))The dimensions of shellfish pots must meet either of the following specifications:

(i) The perimeter of the top or bottom of the pot shall not exceed a maximum of ((153-inch bottom perimeter))153-inches and the height shall not exceed a maximum of ((24-inch height))24-inches.

(b) The entire top, bottom, and sides ((of the shrimp pot)) must be constructed of mesh material.

(c) Use of liners is prohibited as defined in WAC 220-340-015.

(((c)))(d) Entrance tunnels ((to shrimp pots)) may be constructed of any size mesh material.

(e) All entrance tunnels directly into a pot from the outside must open into the pot from the side((. The sum of the maximum widths of all entrance tunnel openings must not exceed half of the perimeter of the bottom of the pot.

(d) Spot shrimp may only be harvested using pots with a minimum))when the pot is in its intended operating position.

(g) The mesh size ((of))must be greater than or equal to one inch. Mesh size of one inch is defined as a mesh opening that a 7/8-inch square peg will pass through, excluding the entrance tunnels, except for flexible (web) mesh pots, where the mesh must be a minimum of 1 3/4 inch stretch measure. Stretch measure is defined as the distance between the inside of one knot to the outside of the opposite vertical knot of one mesh, when the mesh is stretched vertically.

(((e) Nonspot shrimp may only be harvested using pots with a minimum mesh size 1/2 inch. Mesh of 1/2 inch is defined as a mesh that a 3/8 inch square peg will pass through, excluding the entrance tunnels, except for flexible (web) mesh pots, where the mesh must be at a minimum 1 1/8 inch stretch measure. Stretch measure is defined as the distance between the inside of one knot to the outside of the opposite vertical knot of one mesh, when the mesh is stretched vertically.))(h) Pot gear is required to have an escape mechanism as provided for in WAC 220-340-060.

(6) Harvest restrictions, all areas:

(a) It is unlawful to set or pull ((shrimp))shellfish pot gear to commercially harvest spot shrimp from one hour after official sunset to one hour before official sunrise.

(b) Each fisher or alternate operator is required to report their intended catch area of harvest((, target species (spot or nonspot),)) and an estimate of total pounds that are being targeted ((prior to the deployment of any shrimp gear))by 7:00 p.m. the evening prior to harvest by email or text message to shrimp.report@dfw.wa.gov, or by using the Puget Sound commercial shrimp reporting website.

(c) It is unlawful to harvest nonspot and spot shrimp in the same day.

(((d) Nonspot shrimp pot harvest restrictions:

(iv) Harvest of nonspot shrimp is not permitted deeper than 150 feet in Shrimp Management Region 2W.))

(1) It is unlawful to take, fish for, land, or deliver shrimp taken for commercial purposes with trawl gear from Puget Sound waters without a valid Puget Sound shrimp trawl license and a shrimp trawl permit, issued annually by the director, and without complying with all provisions of a Puget Sound shrimp trawl fishery permit per RCW 77.70.420.

A Puget Sound shrimp trawl license will only be ((issued))reissued to an individual who is a natural person, and this person shall be the primary operator. A Puget Sound shrimp trawl license will be converted to a Puget Sound nonspot shrimp pot fishery license upon transfer or death per RCW 77.70.420. A license owner may voluntarily convert a Puget Sound shrimp trawl license to a Puget Sound nonspot shrimp pot license. Holders of Puget Sound shrimp trawl licenses may designate a single alternate operator per license.

(2) It is unlawful to fish for shrimp for commercial purposes in Puget Sound using trawl gear except during seasons opened by emergency rule and authorized by a permit issued by the director.

It is unlawful to operate shrimp beam trawl gear in Puget Sound from one hour after official sunset to one hour before official sunrise.

(3) It is unlawful to retain spot shrimp with trawl gear.

(4) Gear restrictions - Beam trawl gear is the only lawful trawl gear type permitted for Puget Sound.

(a) Maximum beam width in Marine Fish-Shellfish Management and Catch Reporting Areas 20A, 20B, 21A, and 22A is 25 feet.

(b) Maximum beam width in Marine Fish-Shellfish Management and Catch Reporting Areas 23A (trawl Catch Area 23A; WAC 220-320-140), 23B, 23C, 25A, and 29 is 60 feet.

(5) All nonspot shrimp brought onboard a vessel must be retained.

(6) Depth restrictions - It is unlawful to fish for shrimp with beam trawl gear in waters shallower than the following:

(a) 100 feet in Puget Sound.

(b) 120 feet in Catch Area 20A.

(((6)))(7) Closed areas - It is unlawful to fish for shrimp with beam trawl gear year-round in the following areas:

(a) Catch Area 21A except those waters of the Lummi-Sinclair Triangle, as defined in WAC 220-320-140(4).

(b) Catch Areas 21B, 22B, and those waters of Catch Area 20A north and east of a line from Point Roberts Light (48.9716°, -123.0838°) to Sandy Point Light, at the Lummi Reservation (48.7868°, -122.7124°).

(c) Subregion 1A, as defined in WAC 220-320-140 (1)(a)(i).

(d) Discovery Bay Shrimp District, as defined in WAC 220-320-120 (1)(b).

(e) Sequim Bay CSMA, as defined in WAC 220-320-120(6).

(f) Catch Area 23D.

(((7)))(8) Area restrictions - The following areas are closed from the season opening through the dates described in the following paragraphs.

(a) Catch Area 20A outside of those waters north and east of a line from Point Roberts Light (48.9716°, -123.0838°) to Sandy Point Light at the Lummi Reservation (48.7868°, -122.7124°) are closed through July 31st.

(b) Those waters of the Lummi-Sinclair Triangle, as defined in WAC 220-320-140 (4)(c) are closed through June 30th.

(c) Those waters of South Lopez Sound, as defined in WAC 220-320-140 (4)(a), are closed through July 9th.

(d) All waters of subregion 1B, with the exception of South Lopez Sound and the Lummi-Sinclair Triangle, as defined in WAC 220-320-140(4), are closed through June 15th, except as described in (e) of this subsection.

(e) The following areas may open on the described dates and remain open from that date contingent upon the results of department-approved observer sampling to evaluate bycatch. Bycatch parameters must be satisfied for the fishery to remain open earlier than the date described in (d) of this subsection.

(i) Those waters of the subregion 1B, except South Lopez Sound and the Lummi-Sinclair Triangle, as defined in WAC 220-320-140(4) may open as early as May 1st.

(ii) Trawl fishers seeking to open before the date described in (d) of this subsection must coordinate with the department to arrange a department-approved bycatch observation plan prior to commencing fishing.

A violation of this section is punishable under RCW 77.15.750.

(1) It is unlawful to fish for or possess crab, shrimp, or crawfish taken for commercial purposes with shellfish pot gear unless the gear allows for escapement using at least one of the following methods and a permitted degradable material described in subsection (2) of this section:

(((1)))(a) Attachment of pot lid hooks or tiedown straps with a ((single strand or loop of))permitted degradable material so that the pot lid will open freely once the material degrades.

(a) A single strand of natural fiber no larger than thread size 120 of untreated cotton twine, hemp, jute, ((or)) sisal ((no larger than thread size 120 so that the pot lid will open freely if the twine or fiber is broken. It is permissible to use a single strand of cotton twine or hemp, jute, or sisal tied together at the ends so that it can be looped between the tie down straps and the lid hook to connect them together.

(2) Providing an opening in the pot mesh no less than three inches by five inches and laced or sewn closed with one single strand of untreated cotton twine, hemp, jute, or sisal no larger than thread size 120. The single strand of twine or fiber may not be wrapped multiple times or doubled in any way when lacing or sewing the wire mesh closed. The opening must be located within the top half of the pot and be unimpeded by the entry tunnels, bait boxes, or any other structures or materials.)), or other natural fiber.

(1) It is unlawful to take, fish for, land, or deliver Dungeness crab for commercial purposes from the Columbia River, Willapa Bay, Grays Harbor, and the Pacific Ocean without a valid Dungeness crab - coastal fishery license, as designated in RCW 77.70.280, or from Puget Sound without a valid Dungeness crab - Puget Sound license, as designated in RCW 77.70.110, and are in addition to the license specific unlawful act provisions described in WAC 220-340-421 and 220-340-422.

(2)Crab size and sex restrictions. It is unlawful for any person acting for commercial purposes to take, possess, deliver, or otherwise control:

(a) Any female Dungeness crab; or

(b) Any male Dungeness crab measuring less than 6-1/4 inches, caliper measurement, at the widest part of the shell immediately in front of the points (tips).

(((2)))(c) Violation of this subsection (((1) of this section)) is a gross misdemeanor or class C felony depending on the value of fish or shellfish taken, possessed, or delivered, punishable under RCW 77.15.550 (1)(c).

(3) Incidental catch may not be retained. It is unlawful to retain salmon, food fish, or any shellfish other than octopus that is taken incidental to any commercial crab fishing. Violation of this subsection is a gross misdemeanor or class C felony punishable under RCW 77.15.550(1), depending on the quantity of crab taken or possessed.

(4) Net fishing boats must not have crab on board. It is unlawful for any person to possess any crab on board a vessel geared or equipped with commercial net fishing gear while fishing with the net gear for commercial purposes or while commercial quantities of food fish or shellfish are on board. Violation of this subsection is a gross misdemeanor or class C felony punishable under RCW 77.15.550(1), depending on the quantity of crab taken or possessed.

(5) Area must be open to commercial crabbing. It is unlawful for any person to set, maintain, or operate any baited or unbaited shellfish pots for taking crab for commercial purposes in any area or time that is not open for commercial crabbing by rule of the department, except when acting lawfully under the authority of a valid gear recovery permit as provided in WAC 220-340-450.

(((6))) Violation of ((subsection (5) of)) this section is a gross misdemeanor or class C felony punishable under RCW 77.15.550, or a gross misdemeanor punishable under RCW 77.15.522 depending on the circumstances of the violation.

(((7) When it is unlawful to buy or land crab from the ocean without a crab vessel inspection. It is unlawful for any fisher or wholesale fish buyer to land or purchase Dungeness crab taken from Grays Harbor, Willapa Bay, the Columbia River, or Washington coastal or adjacent waters of the Pacific Ocean from any vessel that has not been issued a Washington crab vessel inspection certificate during the first 30 days following the opening of a coastal crab season.

(13) Violation of subsection (12) of this section is a gross misdemeanor punishable under RCW 77.15.520 Commercial fishing—Unlawful gear or methods—Penalty.))

(1) When it is unlawful to buy or land crab from the ocean without a crab vessel inspection. It is unlawful for any fisher or wholesale fish buyer to land or purchase Dungeness crab taken from Grays Harbor, Willapa Bay, the Columbia River, or Washington coastal or adjacent waters of the Pacific Ocean from any vessel that has not been issued a Washington crab vessel inspection certificate during the first 30 days following the opening of a coastal crab season.

(a) Authorized department personnel will perform inspections for Washington crab vessel inspection certificates no earlier than 12 hours prior to the opening of the coastal crab season and during the following 30-day period.

(b) A Washington crab vessel inspection certificate may be issued to vessels made available for inspection at a Washington coastal port that:

(i) Are properly licensed commercial crab fishing; and

(ii) Contain no Dungeness crab on board the vessel.

(c) Violation of this subsection is a gross misdemeanor, punishable under RCW 77.15.550 (1)(a) Violation of commercial fishing area or time—Penalty.

(2) Barging of crab pots by undesignated vessels. It is unlawful for a vessel not designated on a Dungeness crab coastal or Puget Sound 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 vessel operator or alternate operator, as outlined in RCW  77.65.130, 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.

(d) Violation of this subsection 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.

(3) Electronic monitoring system (EM system) is defined as a vessel monitoring system that automatically determines a vessel's position, records individual pot retrieval via a hydraulic pressure reading, and transmits this information to an EM system service provider. The service provider receives the transmission and provides automated data access to the Pacific States Marine Fisheries Commission (PSMFC) in a format consistent with PSMFC specifications where it is available to WDFW for management and enforcement.

(a) The department has published a compliance guide for the EM system which provides additional information and instructions to follow in complying with this regulation and is incorporated by reference herein. The guide can be obtained by contacting the EM program manager: 48 Devonshire Road, Montesano, WA 98563; phone: 360-249-4628; email: coastal.crab.EM@dfw.wa.gov or wdfw.wa.gov/fishing/commercial/crab/coastal.

(b) It is unlawful for the vessel operator or alternate operator, as outlined in RCW 77.65.130, designated to a coastal Dungeness crab license that is used to commercial fish for coastal Dungeness crab as defined by WAC 220-340-400 to fail to:

(i) Obtain an EM system that is capable of recording and transmitting vessel location and hydraulic pressure readings and have it installed on board the vessel designated to the coastal Dungeness crab license. The operating requirements for the EM system are as follows:

(A) The EM system must accurately record the vessel's position at least once every minute.

(B) The EM system must transmit the vessel location data to the service provider at least once every hour.

(C) A hydraulic pressure sensor must be installed on the main high pressure supply line between the hydraulic pump and the crab block of a vessel that controls it such that recorded pressure readings show pressure increases during pot hauling activity.

(D) The hydraulic pressure sensor must accurately record a pressure reading at least once every 10 seconds.

(E) The EM system must transmit hydraulic pressure sensor readings at least once every hour.

(F) If the EM system can determine when a vessel is moored, the EM system may automatically decrease the position and hydraulic pressure recording rate to at least once every hour.

(G) The EM system must be able to store vessel position and hydraulic pressure data in the event of service coverage interruption. Once service is restored, the system must transmit stored data to the service provider.

(H) The EM system must include a feedback mechanism to indicate to the vessel operator that the system is operational.

(ii) Arrange for an EM system service provider to receive and relay transmissions to Pacific States Marine Fisheries Commission (PSMFC) in a format consistent with PSMFC specifications.

(A) The following data fields must be provided to the PSMFC whenever a new system is installed, or new data transmissions begin: Vessel coast guard number, WDFW vessel registration number, state of registration, serial number or unique identifier linked to the EM system, EM service provider name, name of the make and model of the EM system, date the system was installed or started transmitting data, date the system was removed or stopped transmitting data.

(B) The following data fields must be recorded by the EM system and relayed to the PSMFC every hour: Serial number or unique identifier linked to the EM system, date, time, latitude, longitude, pressure reading from hydraulic sensor, speed, vessel name.

(iii) Activate the EM system and submit an EM system activation report to WDFW before the vessel is used to fish in the coastal commercial Dungeness crab fishery. Commercial crab fishing is defined in WAC 220-340-400. An activation report must be submitted to WDFW under the following circumstances:

(A) Annually before gear is deployed at the start of each coastal commercial Dungeness crab season.

(B) When an EM system is reactivated following a reinstallation.

(C) When there is a change in service provider.

(D) When any changes are made to the information required in the EM activation report.

(iv) Operate and maintain the EM system in good working order continuously, 24 hours a day when a vessel is fishing for coastal commercial crab, as defined in WAC 220-340-400, in the Washington coastal commercial Dungeness crab fishery unless the vessel is operating under an exemption provided under (v)(A), (B), (C), or (vi)(A) or (B) of this subsection.

(v) Request and secure an EM exemption permit when there is an interruption in the EM system function and comply with the requirements of this subsection and the terms of the EM exemption permit. Vessels required to operate and maintain an EM system under this subsection may be temporarily exempt from this requirement if a valid WDFW EM exemption permit is received from WDFW. An exemption is only authorized for the period specified on the permit. The exemption permits are as follows:

(A) EM system failure exemption permit. Vessels required to operate and maintain an EM system under this subsection may be temporarily exempt from EM system requirements in situations due to an EM system failure, or hydraulic pressure sensor failure by obtaining an EM system failure exemption permit. In the event a system failure exemption permit is granted by WDFW, the operator of the vessel must submit a harvest logbook per WAC 220-340-460 and use electronic navigational equipment (including, but not limited to, chart plotters, hand-held global positioning systems, etc.) to record a track line of the vessel's movements while commercial crab fishing, and track line information must be made available to WDFW officers or authorized employees immediately upon request and retained for 30 days. Requests for multiple exemption permits for a single vessel within a season will be reviewed and approved at the discretion of WDFW.

(B) Haul out exemption permit. Vessels required to operate and maintain an EM system under this subsection may be temporarily exempted from EM requirements when it is anticipated that a vessel's EM system will be inoperable due to removing the vessel from the water for less than 14 days and coastal commercial Dungeness crab gear will remain lawfully deployed by obtaining a "Haul Out Exemption Permit" from WDFW.

(C) Emergency exemption permit: Vessels required to operate and maintain an EM system under this subsection may be exempt from EM requirements in emergency situations rendering the vessel's EM system inoperable for less than 14 days including, but not limited to, fire, flooding, or extensive physical damage to critical areas of the vessel by obtaining an emergency exemption permit from WDFW.

(D) To request an exemption permit described in this subsection, a vessel owner must contact WDFW. For an exemption permit to be valid, a request must be received by WDFW as soon as it is apparent that there is a system failure or emergency or at least two hours before a haul out exemption is needed.

(vi) Submit a long-term departure exemption report. A vessel that is required to operate and maintain an EM system under this subsection may be exempt from this requirement if a long-term departure exemption report is submitted to WDFW in compliance with all the conditions described in (A), (B), or (C) of this subsection. The basis for a long-term departure exemption report are as follows:

(A) Suspension of fishing operations. Vessels required to operate and maintain an EM system under this subsection may be exempted from EM system requirements when the vessel has concluded fishing for coastal commercial Dungeness crab for the current season or has suspended fishing operations such that all commercial gear is removed from waters open to the coastal Dungeness crab fishery.

(B) Emergency. Vessels required to operate and maintain an EM system under this subsection may be exempted from EM system requirements in emergency situations rendering the vessel's EM system inoperable for more than 14 days including, but not limited to, fire, flooding, or extensive physical damage to critical areas of the vessel, and the vessel will not resume fishing for coastal commercial Dungeness crab for the remainder of the current season.

(C) Long-term departure reports must be received by WDFW no later than 24 hours after a vessel has concluded fishing for the season.

(vii) Contact WDFW immediately if transmission of position and pressure sensor readings have been interrupted and no more than 24 hours after being notified by WDFW that position and pressure sensor readings are not being received, by notifying the EM program manager, phone: 360-249-4628, or email coastal.crab.EM@dfw.wa.gov.

(viii) Make the EM system available for inspection by WDFW enforcement personnel, USCG personnel, or any authorized employee upon request.

(ix) Ensure that the EM system or signal is not interfered with, tampered with, disabled, or destroyed and is operated and maintained according to the EM system provider instructions.

(x) Pay all charges levied by the service provider as necessary to ensure continuous operation of the EM system.

(c) Violation of this subsection is a gross misdemeanor punishable under RCW 77.15.520 Commercial fishing—Unlawful gear or methods—Penalty.

(1) Barging of crab pots by undesignated vessels. It is unlawful for a vessel not designated on a Dungeness crab Puget Sound fishery license to deploy crab pot gear except under the following conditions:

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

(b) The primary or alternate operator designated on the license associated with the barged gear is on board the nondesignated vessel ("barge" vessel) while the gear is being deployed; and

(c) The Puget Sound commercial crab license holder who owns the gear intended for barging has provided notice to the department via email at crab.report@dfw.wa.gov at least 24 hours in advance of the fishery opening date. Notice must include the following information:

(i) Name and license number(s) of the owner of the gear being barged;

(ii) Name of the designated primary operator, if different from the licensed owner;

(iii) Name of the alternate operator, if used to deploy pots from a nondesignated vessel;

(iv) Buoy brand number and number of pots to be deployed from a nondesignated vessel;

(v) Name and identification numbers (WN and/or Coast Guard) of the nondesignated vessel;

(vi) Puget Sound Crab Management Region or set location.

(d) Violation of this subsection 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.

(2) Storing crab prior to delivery to an original receiver, Puget Sound. It is unlawful for a Puget Sound commercial crab license holder to store crab off-vessel prior to delivery to an original receiver, except under the following conditions:

(a) It is unlawful to store crab, off-vessel or on-vessel, for more than 10 days without making a delivery to an original receiver.

(b) All crab that have been removed from a vessel and are not immediately delivered to an original receiver must be stored in containers labeled with the following:

(i) Fisher name;

(ii) WDFW-issued vessel ID number;

(iii) Puget Sound commercial crab license number;

(iv) Date of harvest;

(v) The quantity of pounds of crab retained by Crab Management Region or by Marine Fish-Shellfish (MFSF) Catch Reporting Area;

(vi) Containers used for storing crab removed from a vessel and not delivered to an original receiver by 5:00 p.m. of the day following the day of harvest must additionally be labeled with the commercial fish and shellfish transportation ticket number(s).

(c) Storage of crab is subject to the reporting requirements described in WAC 220-352-340.

(d) Violation of this subsection 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.

(1) Provisions of this section apply to any vessel operator or alternate operator, as outlined in RCW 77.65.130, designated to a Dungeness crab - coastal fishery license, as designated in RCW 77.70.280, when commercial crab fishing as defined by WAC 220-340-400, and are in addition to the shellfish pot gear provisions described in WAC 220-340-435.

(a) It is unlawful to place in the water, pull from the water, possess on the water, or transport on the water any crab buoy or crab pot without an attached buoy tag and pot tag that meet the requirements of this section, except as provided by (b) and (c) of this subsection. A violation of this subsection is punishable under RCW 77.15.520 Commercial fishing—Unlawful gear or methods—Penalty.

(b) Persons operating under a valid coastal gear recovery permit as provided in WAC 220-340-440 may possess crab pots or buoys missing tags or bearing the tags of another license holder, provided the permittee adheres to provisions of the permit. Failure to adhere to the provisions of the permit is a gross misdemeanor, punishable under RCW 77.15.750 Unlawful use of a department permit—Penalty.

(c) Persons operating under a valid coastal gear transport permit as provided in WAC 220-340-440 may possess crab pots or buoys bearing the tags issued by another state, provided the permittee adheres to provisions of the permit. Failure to adhere to the provisions of the permit is a gross misdemeanor, punishable under RCW 77.15.750 Unlawful use of a department permit—Penalty.

(((2)))(3)Commercial crab fishery pot tag requirements: Each shellfish pot used in the coastal commercial crab fishery must have a durable, nonbiodegradable tag securely attached to the pot that is permanently and legibly marked with the license owner's name or license number and telephone number. If the tag information is illegible, or the tag is lost for any reason, the pot is not in compliance with state law. A violation of this subsection is punishable under RCW 77.15.520 Commercial fishing—Unlawful gear or methods—Penalty.

(((3)))(4)Commercial crab fishery buoy tag requirements.

(a) The department issues crab pot buoy tags to the owner of each commercial crab fishery license upon payment of an annual buoy tag fee per crab pot buoy tag. Prior to setting gear, ((each Puget Sound crab license holder must purchase 100 tags, and)) each coastal crab fisher must purchase 300 or 500 tags, depending on the crab pot limit assigned to the license.

(b) In coastal waters, except if authorized by permit issued by the director, each crab pot must have the department-issued buoy tag securely attached to the first buoy on the crab pot buoy line (the buoy closest to the crab pot), and the buoy tag must be attached to the end of the first buoy, at the end away from the crab pot buoy line.

(c) ((In Puget Sound, except if authorized by permit issued by the director, all crab buoys must have the department-issued buoy tag attached to the outermost end of the buoy line.

(d))) If there is more than one buoy attached to a pot, only one buoy tag is required.

(((e)))(d) All remaining, undeployed buoy tags ((per license per region)) must be ((onboard))on board the designated vessel and available for immediate inspection by the department((, except under the following conditions: The holder or alternate operator of a Puget Sound crab license has declared, as permitted under (f) of this subsection, that deployed tags have been lost and are unrecoverable, under penalty of perjury, and has been granted permission by the department to use undeployed buoy tags as a replacement)).

(((f)))(e) Replacement crab buoy tags((.

(ii) Coastal)): The department only issues replacement buoy tags for the coastal crab fishery in the case of extraordinary loss or on a case-by-case basis. Replacement buoy tags will not be issued in excess of the license holder's permanent pot limit.

(((4)))(f) A violation of this subsection (((3) of this section)) is a gross misdemeanor, punishable under RCW 77.15.520 Commercial fishing—Unlawful gear or methods—Penalty.

(5) Coastal commercial crab fishery buoy requirements.

(a) All buoys attached to coastal commercial crab gear must consist of a durable material and remain floating on the water's surface when five pounds of weight is attached, unless otherwise authorized by permit issued by the director.

(b) It is unlawful to use bleach, antifreeze or detergent bottles, paint cans, or any other container as a buoy. The line attaching a buoy to ((shellfish))coastal commercial crab gear must be weighted sufficiently to prevent the excess line from floating on the water's surface.

(c) No buoys attached to ((Puget Sound or)) coastal commercial crab gear may be both red and white in color unless a minimum of 30 percent of the surface of each buoy is also prominently marked with an additional color or colors other than red or white. Red and white colors are reserved for personal use crab gear as described in WAC 220-330-020.

(d) An operator or alternate operator of a vessel, as outlined in RCW 77.65.130, who operates a vessel designated to any ((coastal or Puget Sound)) commercial Dungeness crab fishery license must register the buoy brand number and buoy color or color combinations to be used with the license to fish for crab each crab season prior to the commencement of fishing using the WDFW online registration form. Buoy registration must provide color photographs that allows identification of the registered buoy brand number and all color or color combinations used on the buoy.

(i) All buoys fished under a single license must be marked in a uniform manner with the buoy brand number registered with the department and be of identical color or color combinations, unless otherwise authorized by permit issued from the director.

(ii) The vessel operator or alternate operator, as outlined in RCW 77.65.130, who operates the vessel designated on the license may register only one unique buoy brand and one unique buoy color scheme with the department per license. Persons holding more than one state license must register buoy color(s) for each license that are distinctly different.

(iii) It is unlawful for a coastal Dungeness crab fishery vessel operator or alternate operator, as outlined in RCW 77.65.130, to fish for crab using any other buoy brand and buoy color scheme than that registered with and assigned to the license by the department.

(iv) It is unlawful for a ((nontreaty coastal)) Dungeness crab coastal fishery license vessel operator or alternate operator, as outlined in RCW 77.65.130, to register a buoy brand or fish for crab using a buoy brand used in a treaty tribal fishery.

(v) In the event that a license is transferred to another vessel or owner in the same season, the vessel operator or alternate operator as outlined in RCW 77.65.130, who operates the vessel designated on the license must reregister the buoy brand and buoy color schemes to be used with the license for the remainder of that crab season.

(6) Coastal commercial crab fishery line requirements.

(a) Vessel operators or alternate operators, as outlined in RCW 77.65.130, must set all crab pots used in ((any))the coastal Dungeness crab fishery to use only the amount of line reasonably necessary to compensate for tides, currents, and weather.

(b) Vessel operators or alternate operators, as outlined in RCW 77.65.130, may not use line in any ((Puget Sound or)) coastal Dungeness crab fishery that features specific marking or color combinations required by regulation for any other state or federally managed fishery in the U.S. West Coast Exclusive Economic Zone or required by regulation for any other fishery in the state waters of Washington, Oregon, or California.

(c) Dungeness crab - coastal fishery license vessel operators or alternate operators, as outlined in RCW 77.65.130, ((fishing or participating in the Washington coastal nontreaty Dungeness crab fishery)) must use line that is marked sufficiently to identify it as gear used exclusively in that fishery when fishing or participating in the coastal Dungeness crab fishery.

(i) Line must be marked as red and black. Dual-colored line must be marked through the manufacturing process and is defined as two strands colored red and at least one strand colored black. Tracer line may be used, see compliance guide for acceptable tracer lines (see (c)(iii) of this subsection).

(A) Through November 30, 2035, line with any of the following sets of solid marks may be substituted for manufactured dual-colored line. A solid mark must cover the entire circumference of the line and be regularly serviced and maintained in a condition to readily identify the required line marking scheme.

(I) On line of any color, other than red or black, a set of solid marks consists of one solid two-foot red mark spaced at a distance of no more than six inches from one solid two-foot black mark.

(II) On line originally red, a set of marks consists of one solid two-foot black mark spaced at a distance of 12 to 24 inches from a second solid two-foot black mark.

(ii) For each shellfish pot used in the fishery rigged with line, the line must be marked as follows:

(A) The line connecting the main (diver) buoy closest to the shellfish pot must be marked with no less than 12 continuous inches of red no more than one fathom from the main (diver) buoy. Red and black manufactured line described in (c)(ii) of this subsection also meets this requirement.

(B) Effective December 1, 2025, all line connecting two buoys must be marked with red and black pursuant to (c)(ii) of this subsection, except the buoy gangion lines.

(I) For the purpose of this section, buoy gangion lines are defined as a line that passes through and is affixed to the buoy forming loops on each end of the buoy((, that are less than four feet long as measured from opposing loop ends)).

(II) Through November 30, 2035, one set of solid marks on any line connecting two buoys as defined in (c)(ii)(A) of this subsection may be substituted for dual-colored manufactured line.

(C) Effective December 1, 2028, the line connecting the main (diver) buoy to the shellfish pot must be marked with red and black pursuant to (c)(ii) of this subsection.

(I) When fishing with 20 fathoms (120 feet) or more of line connecting the main (diver) buoy to the shellfish pot, the top 15 fathoms (90 feet) of line must be marked.

(II) When fishing with less than 20 fathoms (120 feet) of line connecting the main (diver) buoy to the shellfish pot, the top 50 percent of line must be marked.

(III) Through November 30, 2035, on the portion of line connecting the main (diver) buoy to the shellfish pot three sets of solid marks as defined in (c)(ii)(A) of this subsection may be substituted for dual-colored manufactured line. Sets of marks shall be distributed such that one set of marks is within one fathom of each end and one set of marks is near the middle of the length of line required to be marked.

(iii) The department has published a compliance guide for the line marking which provided additional information and instructions to follow in complying with this regulation and is incorporated by reference herein. The guide can be obtained by contacting the Coastal Shellfish Manager: 48 Devonshire Road, Montesano, WA 98563; phone 360-249-4628; or wdfw.wa.gov/fishing/commercial/crab/coastal.

(7) Coastal commercial Dungeness crab fishery surface gear limitations.

Surface gear is limited to one main (diver) buoy connected closest to the shellfish pot and the following:

(a) Two trailer buoys.

(b) One end marker buoy less than five inches in diameter can extend no more than three feet beyond the last trailer buoy. End marker buoys are not considered trailer buoys.

(c) Buoy gangion lines, as defined in subsection (6) of this section, must not exceed 60 inches long as measured from opposing loop ends.

(d) The maximum distance ((between the leading edge)) of the line connecting the main (diver) buoy ((and the tailing edge of))to the last trailer buoy((, including all line connecting surface gear,)) must not exceed 36 feet, unless the vessel is operating under the exemption provided under this subsection (((7)(c))). Vessel operators and alternate operators, as outlined in RCW 77.65.130, may request a surface gear length exemption permit from the department prior to the commencement of fishing for a demonstrated safety risk. An exemption is only authorized for the period specified on the permit, for the surface gear length specified on the permit, and the fishing area and depth specified on the permit. Requests for exemption permits will be evaluated by the department on a case-by-case basis and granted at the department's discretion. Failure to adhere to the provisions of the permit is a gross misdemeanor, punishable under RCW 77.15.750 Unlawful use of a department permit—Penalty.

(8) Violation of subsection (4), (5), (6), or (7) of this section is a gross misdemeanor, punishable under RCW 77.15.520 Commercial fishing—Unlawful gear or methods—Penalty.

(1) It is unlawful to take, fish for, land, or deliver Dungeness crab for commercial purposes from the Columbia River, Willapa Bay, Grays Harbor, and the Pacific Ocean without a valid Dungeness crab - coastal fishery license, as designated in RCW 77.70.280, or from Puget Sound without a valid Dungeness crab - Puget Sound license, as designated in RCW 77.70.110.

(2)Commercial gear limited to pots. It is unlawful to take or fish for crab for commercial purposes except with shellfish pots, as defined in WAC 220-320-040, using lawful escape mechanisms as required in WAC 220-340-060.

(((2)))(3)Commercial gear escape rings and ports defined. It is ((unlawful))required to use or operate ((any)) shellfish pot gear in the coastal or Puget Sound commercial Dungeness crab ((fishery unless the gear))fisheries that meets the following requirements:

(a) Pot gear must have 2 or more escape rings or ports;

(b) Escape rings or ports must be 4-1/4 inches inside diameter or larger; and

(c) Escape rings or ports must be located in the upper half of the trap.

(((3)))(4)Maximum size for commercial crab pots. It is unlawful to use a crab pot greater than 13 cubic feet in volume to fish for or take Dungeness crab from state or offshore waters for commercial purposes.

(((4)))(5)Groundline gear is unlawful. It is unlawful to attach or connect a crab pot or ring net to another crab pot or ring net by a common groundline or any other means that connects crab pots together.

(((5)))(6)Penalty. Violation of this section is a gross misdemeanor, punishable under RCW 77.15.520 Commercial fishing—Unlawful gear or methods—Penalty, or RCW 77.15.522 Unlawful use of shellfish gear for commercial purposes—Penalty, whichever is applicable depending on the circumstances of the violation.

(1) It is unlawful for any vessel operator or alternate operator, as outlined in RCW 77.65.130, engaged in fishing for Dungeness crab in the coastal commercial fishery without a fully operational electronic monitoring system to fail to have in possession, and to complete a department-issued paper or a department-approved electronic logbook for all fishing activity occurring in Grays Harbor, Willapa Bay, the Columbia River, or the Pacific Ocean waters for all crab deliveries to a Washington port. Fully operational means the electronic monitoring system is collecting, storing, and transmitting data per WAC ((220-340-420(12)))220-340-421. For the purposes of this section, "delivery" is defined as provided in RCW 77.65.210.

(2) It is unlawful for any vessel operator engaged in fishing without a fully operational electronic monitoring system to fail to comply with the following method and time frame related to harvest logbook submittal and record keeping:

(a) The department must receive a copy of the completed logbook sheets or electronic fields within 10 days following any landing made by a vessel while fishing for Dungeness crab in the coastal commercial fishery without a fully operational electronic monitoring system. Completed Dungeness crab harvest logbooks must be submitted to the Washington department of fish and wildlife using a WDFW logbook drop box or the following electronic mail address: coastal.crab.EM@dfw.wa.gov.

(b) Vessel operators engaged in fishing for Dungeness crab in the coastal commercial fishery and without a fully operational electronic monitoring system must complete a logbook entry for each day fished prior to offloading. Vessel operators responsible for submitting harvest logbooks to the department must maintain a copy of all submitted harvest logbooks for no less than three years after the fishing activity ended.

(c) Vessel operators can obtain paper logbooks by contacting the department's coastal Dungeness crab manager at 360-249-4628 or at coastal.crab.EM@dfw.wa.gov.

(3) A violation of this section is an infraction, punishable under RCW 77.15.160.

(1) Provisions of this section apply to any vessel operator or alternate operator, as outlined in RCW 77.65.130, designated to a Dungeness crab - Puget Sound license, as designated in RCW 77.70.110, and are in addition to the shellfish pot gear provisions described in WAC 220-340-435.

(2) Buoy tag and pot tag required. It is unlawful to place in the water, pull from the water, possess on the water, or transport on the water any crab buoy or crab pot without an attached buoy tag and pot tag that meet the requirements of this section.

(3) Commercial crab fishery pot tag requirements: Each shellfish pot used in the commercial crab fishery must have a durable, nonbiodegradable tag securely attached to the pot that is permanently and legibly marked with the license owner's name or license number and telephone number. If the tag information is illegible, or the tag is lost for any reason, the pot is not in compliance with state law.

(4) Commercial crab fishery buoy tag requirements.

(a) The department issues crab pot buoy tags to the owner of each commercial crab fishery license upon payment of an annual buoy tag fee per crab pot buoy tag. Prior to setting gear, each Puget Sound crab fisher must purchase 100 tags.

(b) In Puget Sound waters, except if authorized by permit issued by the director, each crab pot must have the department-issued buoy tag attached to the outermost end of the buoy line.

(c) If there is more than one buoy attached to a pot, only one buoy tag is required.

(d) If regional pot limit reductions are implemented, vessel operators or alternate operators, as outlined in RCW 77.65.130, are required to:

(i) Not exceed the regional per license pot limit in each crab management region, as defined in WAC 220-320-110, that they are engaged in harvest.

(ii) In the event that a harvester is fishing multiple crab management regions, they must not exceed the highest regional pot limit per license from amongst the crab management regions, as defined in WAC 220-320-110, that they are engaged in harvest.

(iii) All remaining, undeployed buoy tags per license per region must be on board the designated vessel and available for immediate inspection by the department, except under the following conditions: The holder or alternate operator of a Puget Sound crab license has declared, as permitted under (e) of this subsection, that deployed tags have been lost and are unrecoverable, under penalty of perjury, and has been granted permission by the department to use undeployed buoy tags as a replacement.

(e) Replacement crab buoy tags: Puget Sound commercial crab license holders are required to request permission to use undeployed buoy tags in the event deployed buoy tags are lost and are unrecoverable. Requests to use undeployed buoy tags must state the number of buoy tags lost, the location and date where the licensee last observed lost gear or tags, and the presumed cause of the loss. Requests must be made using a department provided electronic form.

(5) Commercial crab fishery buoy requirements.

(a) All buoys attached to commercial crab gear must consist of a durable material and remain floating on the water's surface when five pounds of weight is attached, unless otherwise authorized by permit issued by the director.

(b) It is unlawful to use bleach, antifreeze or detergent bottles, paint cans, or any other container as a buoy. The line attaching a buoy to commercial crab gear must be weighted sufficiently to prevent the excess line from floating on the water's surface.

(c) No buoys attached to Puget Sound commercial crab gear may be both red and white in color unless a minimum of 30 percent of the surface of each buoy is also prominently marked with an additional color or colors other than red or white. Red and white colors are reserved for personal use crab gear as described in WAC 220-330-020.

(d) An operator or alternate operator of a vessel, as outlined in RCW 77.65.130, who operates a vessel designated to any commercial Dungeness crab fishery license must register the buoy brand number and buoy color or color combinations to be used with the license to fish for crab each crab season prior to the commencement of fishing using the WDFW online registration form. Buoy registration must provide color photographs that allows identification of the registered buoy brand number and all color or color combinations used on the buoy.

(i) All buoys fished from a single vessel must be marked in a uniform manner with the buoy brand number registered with the department and be of identical color or color combinations, unless otherwise authorized by permit issued from the director.

(ii) The vessel operator or alternate operator, as outlined in RCW 77.65.130, who operates the vessel designated on the license may register only one unique buoy brand and one unique buoy color scheme with the department per vessel, regardless of the number of licenses stacked on the vessel. Persons holding more than one state license must register buoy color(s) for each vessel that are distinctly different.

(iii) It is unlawful for a Dungeness crab fishery vessel operator or alternate operator, as outlined in RCW 77.65.130, to fish for crab using any other buoy brand and buoy color scheme than that registered with and assigned to the license by the department.

(iv) It is unlawful for a Dungeness crab fishery license vessel operator or alternate operator, as outlined in RCW 77.65.130, to register a buoy brand or fish for crab using a buoy brand used in a treaty tribal fishery.

(v) In the event that a license is transferred to another vessel or owner in the same season, the vessel operator or alternate operator as outlined in RCW 77.65.130, who operates the vessel designated on the license must reregister the buoy brand and buoy color schemes to be used with the license for the remainder of that crab season.

(6) Commercial crab fishery line requirements.

(a) Vessel operators or alternate operators, as outlined in RCW 77.65.130, must set all crab pots used in the Puget Sound Dungeness crab fishery to use only the amount of line reasonably necessary to compensate for tides, currents, and weather.

(b) Vessel operators or alternate operators, as outlined in RCW 77.65.130, may not use line in the Puget Sound Dungeness crab fishery that features specific marking or color combinations required by regulation for any other state or federally managed fishery in the U.S. West Coast Exclusive Economic Zone or required by regulation for any other fishery in the state waters of Washington, Oregon, or California.

(7) Violation of this section is a gross misdemeanor, punishable under RCW 77.15.520 Commercial fishing—Unlawful gear or methods—Penalty.

(1) It is unlawful to take, fish for, land, or deliver nonspot shrimp taken for commercial purposes with pot gear from Puget Sound waters without a valid Puget Sound nonspot shrimp pot or Puget Sound shrimp pot license.

A Puget Sound nonspot shrimp pot license will only be issued to an individual who is a natural person, and this person shall be the primary operator. Holders of Puget Sound nonspot shrimp pot licenses may designate a single alternate operator per license. Puget Sound nonspot shrimp pot license holders may not designate a Puget Sound shrimp pot license on the same vessel.

(2) It is unlawful to fish for nonspot shrimp for commercial purposes in Puget Sound using shellfish pot gear except during seasons opened by emergency rule.

(3) In all areas fishers are limited to a maximum of 100 nonspot shrimp pots, as defined in subsection (5) of this section, unless otherwise designated in a director's permit for the purposes described in subsection (5)(g) of this section.

(4) Buoy requirements, in all areas:

(a) Buoys must be solid green in color and consist of durable material that will remain floating on the surface with five pounds attached; bleach or antifreeze bottles or other containers may not be used as floats.

(b) All buoys fished on a single vessel must be marked with the unique numeric buoy brand issued to them by the department and prefaced by fishery specific designation described in subsection (c) of this section.

(c) Buoys brands for buoys designating gear used in the spot shrimp must be prefaced with an "N" (i.e., "N-0000").

(d) When two or more shrimp pots are attached to a common ground line, the number attached must be clearly labeled on at least one buoy, trailer buoy, or buoy tag.

(e) It is unlawful to use a buoy tag that is consistent with requirements for any other state or federally managed commercial fishery operating in the U.S. West Coast Exclusive Economic Zone, or in the state waters of Washington, Oregon, or California, or used by any of the Puget Sound treaty tribes.

(f) Fishers shall use only the amount of line reasonably necessary to compensate for tides, currents, and weather. The line attaching the pot to the buoy must be weighted sufficiently to prevent the line from floating on the surface.

(g) It is unlawful to use gear that has one or more line marks or to use multicolor line consistent with requirements for any other state or federally managed commercial fishery operating in the U.S. West Coast Exclusive Economic Zone, or in the state waters of Washington, Oregon, or California.

(5) Nonspot shrimp may only be harvested using gear with the following specifications, in all areas:

(a) The dimensions of shellfish pots must meet either of the following specifications:

(i) The perimeter of the top or bottom of the pot shall not exceed a maximum of 153-inches and the height shall not exceed a maximum of 24-inches.

(ii) The volume of a pot shall not exceed 44,708 cubic inches (25.87 cubic feet) when measured from the outside of the pot.

(b) The entire top, bottom, and sides must be constructed of mesh material.

(c) Use of liners is prohibited. A liner is defined as any additional mesh material, overlaid or underlaid on a shellfish pot, to reduce the initial mesh size of the pot.

(d) Entrance tunnels may be constructed of any size mesh material.

(e) All entrance tunnels directly into a pot from the outside must open into the pot from the side when the pot is in its intended operating position.

(f) Use of multi-chamber pots are permitted under the following conditions:

(i) The escape mechanism must be in the terminal chamber of the pot.

(ii) The diameter of internal entry tunnels must be equal to or greater than the diameter of initial entry tunnel.

(g) The mesh size must be greater than or equal to 1/2 inch. Mesh of 1/2 inch is defined as a mesh that a 3/8 inch square peg will pass through, excluding the entrance tunnels, except for flexible (web) mesh pots, where the mesh must be at a minimum 1 1/8 inch stretch measure. Stretch measure is defined as the distance between the inside of one knot to the outside of the opposite vertical knot of one mesh, when the mesh is stretched vertically.

(h) Pot gear is required to have an escape mechanism as provided for in WAC 220-340-060.

(i) Pot gear used to harvest nonspot shrimp must comply with this section unless otherwise designated in a director's permit issued for the purposes of modifying or designing gear to economically harvest Pandalus eous, P. jordani, or P. dispar, as provided for in RCW 77.70.425.

(6) Harvest restrictions, all areas:

(a) It is unlawful to set or pull shellfish pot gear to commercially harvest nonspot shrimp from one hour after official sunset to one hour before official sunrise.

(b) Each fisher or alternate operator is required to report their intended catch area of harvest, and an estimate of total pounds that are being targeted by 7:00 p.m. the evening prior to harvest by email or text message to shrimp.report@dfw.wa.gov, or by using the Puget Sound commercial shrimp reporting website.

(c) All nonspot shrimp brought onboard a vessel must be retained.

(d) Nonspot shrimp pot harvest restrictions:

(i) Harvest of nonspot shrimp is not permitted deeper than 175 feet in Shrimp Management Region 2E.

(ii) Harvest of nonspot shrimp is not permitted deeper than 175 feet in Shrimp Management Subregion 1A.

(iii) Harvest of nonspot shrimp is not permitted deeper than 175 feet in Catch Area 23A including the corresponding shrimp subareas (23A-E, 23A-W, 23A-S, 23A-C).

(iv) Harvest of nonspot shrimp is not permitted deeper than 150 feet in Shrimp Management Region 2W.

(1) Receivers must completely, accurately, and legibly prepare fish receiving tickets using a department-approved electronic or department-supplied paper form, as further specified in this section.

(2) Receivers must use an electronic fish receiving ticket form for the following:

(a) Deliveries from vessels fishing under the Pacific Fishery Management Council's Pacific Coast Groundfish Fishery Management Plan and related regulations under 50 C.F.R., Part 660. This requirement includes deliveries from research vessels but excludes deliveries of groundfish made under the trip limits for salmon troll vessels.

(b) Deliveries from directed commercial halibut vessels fishing under 50 C.F.R., Part 300 or vessels conducting research surveys for the International Pacific Halibut Commission if not previously delivered in another jurisdiction.

(c) Deliveries of groundfish harvested from the offshore waters off Alaska or British Columbia if not previously delivered in another jurisdiction.

(d) Deliveries of Dungeness crab, ocean pink shrimp, pink shrimp, coonstripe shrimp, sidestripe shrimp, or spot shrimp, and any other lawfully landed species taken incidentally by vessels fishing and delivering under a coastal Dungeness crab license, a Puget Sound Dungeness crab license, an ocean pink shrimp delivery license, an ocean pink shrimp single delivery license, a Puget Sound shrimp pot license, a Puget Sound nonspot pot shrimp license, a Puget Sound shrimp trawl license, or a coastal spot shrimp license issued by the department.

(3) Receivers not required to report under subsection (2) of this section may report using electronic fish receiving ticket forms if they enter into an electronic fish receiving ticket reporting agreement with the department.

(a) The department reserves the discretion to limit the use of electronic fish receiving ticket reporting agreements based on species, gears, areas, times, or other factors.

(b) Electronic fish receiving ticket reporting agreements will identify how to access the appropriate electronic forms and may include terms and conditions related to the timing and manner of completion and submittal.

(c) Receivers may not submit paper fish receiving tickets for deliveries covered by an electronic fish receiving ticket reporting agreement.

(d) The department or receiver may terminate an electronic fish receiving ticket reporting agreement with ((thirty))30 days notice to the other party.

(e) A receiver who fails to comply with the terms of the electronic fish receiving ticket agreement commits a violation of this chapter.

(4) A receiver that is not required or authorized by agreement to use electronic fish receiving ticket forms must report using the appropriate paper form. There are separate forms for nontreaty troll fish, marine fish, shellfish, and Puget Sound salmon; and separate forms for treaty fish and treaty shellfish.