Preproposal statement of inquiry was filed as WSR 98-09-122.

Title of Rule: Commercial Dungeness crab fishing gear, methods, license requirements, seasons, and areas (primarily Puget Sound).

Purpose: To create and/or clarify operational and licensing rules for vessels, operators, alternate operators; create pot and buoy identification marking rules; create and/or clarify closed areas and seasons. This also provides for certain housekeeping modifications to provide more readable and enforceable language.

Statutory Authority for Adoption: RCW 75.08.080.

Statute Being Implemented: RCW 75.08.080.

Summary: Puget Sound commercial crab fishers will be required to: (1) Mark their buoys and pots in a manner that will identify the gear to the fishers; and (2) operate in certain areas in certain seasons and with certain gear restrictions and limitations. Regulation proposals will also provide housekeeping language clarification for both coastal and Puget Sound crab fishery operations.

Reasons Supporting Proposal: Pot gear proliferation in excess of that allowed by regulation has become commonplace subsequently increasing harvest rates and reducing the duration of commercial seasons in an effort to meet federal catch sharing requirements. These season reductions have negative effects on individuals, families, industries and communities. In order to reduce the gear effort levels to that described by rule it is necessary to identify the gear fished to the fisher. Efforts to maintain recreational opportunity have required the restriction of commercial gear from certain areas during some periods of the year. Numerous areas of rule language are vague, unclear or overly complex and the intent is to improve the shortcomings in those areas.

Name of Agency Personnel Responsible for Drafting: Morris Barker, 1111 Washington Street, Olympia, WA, (360) 902-2826; Implementation: Bruce Crawford, 1111 Washington Street, Olympia, WA, (360) 902-2325; and Enforcement: Ron Swatfigure, 1111 Washington Street, Olympia, WA, (360) 902-2927.

Name of Proponent: Washington Department of Fish and Wildlife, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: WAC 220-52-040 will clarify the who, when and where of fishing Dungeness crab for commercial purposes; the minimum size and sex of crab; and a maximum amount of crab pots to be fished per license and a maximum number of pots per fisher in specific areas; the marking requirements for pots and buoys and who may operate such gear. WAC 220-52-043 describes specific marking/identification devices and requirements for pots and buoys; sets transport limits for pots on vessels except by prior notice; and, requires each crab pot or crab ring to have a buoy attached by a buoy line. WAC 220-52-046 defines commercial crab fishing and provides for seasons, catch areas including seasonal exclusion areas to provide for treaty tribal and/or recreational harvest opportunities.

Proposal Changes the Following Existing Rules: See text of rules below.

A small business economic impact statement has been prepared under chapter 19.85 RCW.

Small Business Economic Impact Statement

Puget Sound Dungeness Crab

1. Description of the Reporting, Recordkeeping, and Other Compliance Requirements of the Proposed Rule: Compliance with proposed rules will require state Puget Sound commercial crab fishers to attach tags to their crab pots and crab pot buoy lines. A few fishers currently using red and white buoys will need to add additional color or colors to their buoys. Fishers currently using more than one pot per buoy (ground lines) will need to modify their fishing practices.

2. Kinds of Professional Services that a Small Business is Likely to Need in Order to Comply with such Requirements: Crab fishers will require the services of tag vendors and, in limited cases, paint and buoy line suppliers.

3. Costs of Compliance for Businesses, Including Costs of Equipment, Supplies, Labor, and Increased Administrative Costs: Cost of compliance is estimated to total $60 to $100 per fisher for buoy and pot tags. A small number of fishers currently using red and white buoys will need to purchase less than $20 worth of paint. A small number of fishers currently fishing with ground lines may need to buy additional buoy lines. The cost of additional buoy lines will vary depending on how much gear is deployed on ground lines and how many buoy lines can be made using existing ground lines. If 50 pots were currently fished on ground lines and all new buoy line was bought, the cost would be approximately $340 (calculated at 100 feet per buoy line). Actual costs for the estimated five to ten fishers currently using ground lines will likely be much less as most do not deploy all their gear on ground lines and will be able to convert existing ground lines to buoy lines.

4. Will Compliance with the Rule(s) Cause Businesses to Lose Sales or Revenue? The proposed rule changes will facilitate return of lost gear to its owners. One crab pot with buoy and line is worth approximately $100 and increased recovery of lost gear under proposed rules may increase profit margins. The vast majority of fishers do not use ground lines. While some fishers use ground lines legitimately, most ground line gear is not in compliance with current rules. The proposed rules requiring tagging and eliminating ground lines will increase compliance with pot limit regulations and will therefore increase catch and opportunity for fishers who fish within state regulations. Additionally, reductions in illegal gear will help the state to stay within court ordered allocations and prevent total season closures impacting the entire non-Indian fleet.

5. Cost of Compliance for the Ten Percent of Businesses that are the Largest Businesses Required to Comply with the Proposed Rules Using One or More of the Following as a Basis for Comparing Costs:

a. Cost per employee n/a

b. Cost per hour of labor; or

c. Cost per hundred dollars of sales. The top ten percent of the state Puget Sound commercial crab fishers each earned an average of $64,800 in gross sales during the last season. The cost of compliance during the first year would be about 0.15 percent of gross sales for most of these fishers, up to approximately 1.23 percent for a few currently using ground lines. During ensuing years the cost would drop to less than a tenth of one percent for all fishers.

6. Steps Taken by the Agency to Reduce the Costs of the Rule on Small Businesses or Reasonable Justification for Not Doing so: The agency has met with industry leaders and developed proposals with the objective of minimizing costs to the greatest extent possible. Pot tags will not need to be replaced each year. Buoy lines will be a one time investment. The buoy tag vendor(s) will be agency selected by competitive bid process based on the lowest price meeting basic specifications.

7. A Description of How the Agency Will Involve Small Businesses in the Development of the Rule: The agency has met several times with the Puget Sound Dungeness Crab Advisory Board (comprised of six commercial and six recreational crab fishers), and other commercial crab fishing industry leaders. These proposals were developed jointly with the advisory board and industry leaders.

8. A List of Industries that will be Required to Comply with the Rule: Non-Indian commercial crab fishers are affected though the substantive rule changes would affect only Puget Sound fishers.

A copy of the statement may be obtained by writing to Morris Barker, 600 Capitol Way North, Olympia, WA 98501-1091, phone (360) 902-2826, fax (360) 902-2944.

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. Not hydraulic rules.

Hearing Location: Natural Resources Building, Room 172, 1111 Washington Street S.E., Olympia, WA, on August 7-8, 1998, at 8:00 a.m.

Assistance for Persons with Disabilities: Contact Robin Ayers by July 15, 1998, TDD (360) 903-2295 [902-2295], or (360) 902-2933.

Submit Written Comments to: Evan Jacoby, Rules Coordinator, 600 Capitol Way North, Olympia, WA, fax (360) 902-2940, by August 6, 1998.

Date of Intended Adoption: August 8, 1998.

June 30, 1998

Robin Ayers

for Evan Jacoby

Rules Coordinator

AMENDATORY SECTION (Amending WSR 98-05-043, filed 2/11/98, effective 3/14/98)

WAC 220-52-040  Commercial crab fishery--Lawful and unlawful gear, methods, and other unlawful acts. (1) Net fishing boats shall not have crab aboard. It is unlawful for any vessel geared or equipped with commercial net fishing gear to have aboard any quantity of crab while it is fishing with ((said)) the net gear or ((having commercially caught)) when it has other food fish or ((other species of)) shellfish aboard for commercial purposes.

(2) Area must be open to commercial crabbing. Unless otherwise provided, it is unlawful to set, maintain, ((or)) operate, or otherwise control any baited or unbaited shellfish pots or ring nets for taking crabs((,)) for commercial purposes((,)) in any area or at any time when ((it is unlawful to take or fish for crabs for commercial purposes therein.

(3) It is unlawful to have in the water any baited or unbaited shellfish pots or ring nets for taking crabs for commercial purposes, in any area at any time when it is unlawful to take or fish for crabs for commercial purposes therein)) the location is not opened for taking crabs for commercial purposes by permanent rule or emergency rule of the department: Provided,That following the close of a commercial crab season, permission may be granted by the director or his or her designee on a case-by-case basis for ((fishermen)) crab fishers to recover shellfish pots that ((have become)) were irretrievable due to extreme weather conditions at the end of the lawful opening. ((Fishermen)) Crab fishers must notify and apply to department enforcement for such permission within twenty-four hours prior to the close of season.

(((4))) (3) Crabs must be male and 6-1/4 inches. It is unlawful for any person acting for commercial purposes to take, ((or)) possess ((for commercial purposes)), deliver, or otherwise control:

(a) Any female Dungeness crabs((,)); or

(b) Any male Dungeness crabs measuring less than 6-1/4 inches, caliper measurement, across the back immediately in front of the tips.

(((5))) (4) Each person and each Puget Sound license limited to 100 pots. It is unlawful for any person to take or fish for crabs for commercial purposes in the Puget Sound licensing district ((with)) using, operating, or controlling any more than an aggregate total of 100 shellfish pots or ring nets ((in the aggregate for)). This limit shall apply to each license ((owned, and it shall be unlawful for any person to take or fish for crabs for commercial purposes in Puget Sound with more than 200 shellfish pots or ring nets in the aggregate from one vessel, provided it shall be unlawful for any)). However, this shall not preclude a person holding two Puget Sound crab licenses from designating and using the licenses from one vessel as authorized by RCW 75.28.048(4).

(5) Dungeness Bay Area Limit of 20 pots. No person, ((or)) nor any group of persons using the same vessel, ((to)) may take or fish for crabs for commercial purposes ((with)) by setting, using, operating, or controlling more than 20 shellfish pots and/or ring nets ((in the aggregate)) within the waters of Dungeness Bay lying west of a line projected from the new Dungeness Light southward to the outermost end of the abandoned dock at the Three Crabs Restaurant on the southern shore of Dungeness Bay.

(6) ((It is unlawful for any person to take or fish for Dungeness crabs for commercial purposes in the Puget Sound licensing district with more than 20 pots per groundline, and it shall be unlawful to use or operate a groundline unless such gear meets the following requirements:

(a) A buoy, staff, flag, and radar reflector must be attached at each end of the groundline;

(b) Flags attached at each end of the groundline must be orange in color;

(c) Buoys attached at each end of the groundline must be marked in a visible and legible manner with the department of fish and wildlife approved and registered buoy brand issued to the license;

(d) Buoys attached at each end of the groundline must be marked with the number of pots attached to the groundline; and

(e) Staffs with attached flags at each end of the groundline must be at least four feet above the water surface.

(7))) Additional area gear limits. The following Marine Fish-Shellfish Management and Catch Reporting Areas are restricted in the number of pots fished ((from a vessel.

(a) It is unlawful for any person to take or fish for Dungeness crabs for commercial purposes using more than)), operated, or used by a person or vessel and it is unlawful for any person to use, maintain, operate, or control pots in excess of the following limits:

(a) 10 pots in Marine Fish-Shellfish Management and Catch Reporting Area 25E.

(b) ((It is unlawful for any person to take or fish for Dungeness crabs for commercial purposes using more than)) 10 pots in all waters of Marine Fish-Shellfish Management and Catch Reporting Area 25A south of a line projected true west from Travis Spit on Miller Peninsula.

(c) ((It is unlawful for any person to fish for Dungeness crabs for commercial purposes using more than)) 30 pots in Marine Fish-Shellfish Management and Catch Reporting Area 25A west of a line from the new Dungeness Light to the mouth of Cooper Creek.

(((8) In coastal waters, Grays Harbor, Willapa Bay and the Columbia River)) (7) Groundline gear is unlawful. No crab pot ((gear)) or ring net may be attached or connected to other crab pot ((gear)) or ring net by a common groundline or any other means that connects crab pots together.

(((9))) (8) Crab pots must be tagged. In Puget Sound it is unlawful to place in the water, pull from the water, possess on the water, or transport on the water any crab pot without a pot tag that meets the requirements of WAC 220-52-043.

(9) Crab pot and ring net buoys must be tagged. In Puget Sound it is unlawful to place in the water or pull from the water any crab pot or ring net buoy without a primary or replacement buoy tag that meets the requirements of WAC 220-52-043.

(10) No person can possess or use gear with other person's tag. In Puget Sound no person may possess, use, control, or operate any crab pot not bearing tags identifying the gear as that person's, except that an alternate operator designated on a primary license may possess and operate a crab pot bearing the tag of the license holder.

(11) Cannot tamper with pot tags or buoy tags. No person shall remove, damage, or otherwise tamper with crab buoy or pot tags except when lawfully applying or removing tags on the person's own pots or buoys.

(12) Thirty-day period when it is unlawful to buy or land crab from ocean without crab vessel inspection. 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, Washington coastal or adjacent waters of the Pacific Ocean during the first thirty days following the opening of a coastal crab season from any vessel which has not been issued a Washington crab vessel inspection certificate. The certificate will be issued to vessels made available for inspection in a Washington coastal port and properly licensed for commercial crab fishing if no Dungeness crabs are aboard. Inspections will be performed by authorized department personnel not earlier than twelve hours prior to the opening of the coastal crab season and during the following thirty-day period.

(((10))) (13) Grays Harbor pot limit of 200. It is unlawful for any person to take or fish for crab for commercial purposes in Grays Harbor (catch area 60B) with more than 200 shellfish pots in the aggregate((, and)). It shall be unlawful for any group of persons using the same vessel to take or fish for crab for commercial purposes in Grays Harbor with more than 200 shellfish pots.

[Statutory Authority: RCW 75.08.080. 98-05-043, § 220-52-040, filed 2/11/98, effective 3/14/98; 97-08-052 (Order 97-55), § 220-52-040, filed 3/31/97, effective 5/1/97; 94-12-009 (Order 94-23), § 220-52-040, filed 5/19/94, effective 6/19/94; 91-10-024 (Order 91-22), § 220-52-040, filed 4/23/91, effective 5/24/91; 85-01-010 (Order 84-214), § 220-52-040, filed 12/7/84; 84-08-014 (Order 84-24), § 220-52-040, filed 3/27/84; 83-01-026 (Order 82-221), § 220-52-040, filed 12/8/82; 80-13-064 (Order 80-123), § 220-52-040, filed 9/17/80; 79-02-053 (Order 79-6), § 220-52-040, filed 1/30/79; Order 77-145, § 220-52-040, filed 12/13/77; Order 76-152, § 220-52-040, filed 12/17/76; Order 76-26, § 220-52-040, filed 1:45 p.m., 4/20/76; Order 1045, § 220-52-040, filed 3/8/73; Order 807, § 220-52-040, filed 1/2/69, effective 2/1/69; subsections 1, 5, 6, from Orders 409 and 256, filed 3/1/60; subsection 2 from Orders 500 and 256, filed 3/1/60; subsection 3 from Order 528, filed 6/1/61; Order 525, filed 5/3/61; Order 507, filed 4/8/60; Orders 409 and 256, filed 3/1/60; subsection 4 from Order 528, filed 6/1/61; Order 525, filed 5/3/61; Orders 409 and 256, filed 3/1/60; subsection 7 from Orders 414 and 256, filed 3/1/60; subsection 8 from Orders 410 and 256, filed 3/1/60; subsection 9 from Order 409, filed 9/14/56.]

AMENDATORY SECTION (Amending Order 94-23, filed 5/19/94, effective 6/19/94)

WAC 220-52-043  Commercial crab fishery--Additional gear((--Licensing)) and license use requirements. (1) Commercial gear limited to pots and ring nets. It shall be unlawful to take or fish for crabs for commercial purposes except with shellfish pots and ring nets.

(2) Commercial gear escape rings and ports defined. It shall be unlawful to use or operate any shellfish pot gear in the commercial Dungeness crab fishery unless such gear meets the following requirements:

(a) Pot gear must have not less than two escape rings or ports not less than 4-1/4 inches inside diameter.

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

(3) Puget Sound commercial gear tagging requirements.

(a) In Puget Sound, all crab pots must have a durable, non-biodegradable tag permanently and legibly marked with the primary license owner's name, license number, and telephone number securely attached to the pot. If the tag information is illegible, or if the tag is lost for any reason, the pot is not in compliance with law.

(b) In Puget Sound, each pot or ring net shall be connected to a buoy with a department approved buoy tag bearing the licensee's name, license number, and the current licensing year, or a lawful replacement buoy tag issued by the department, and such tag shall be securely attached to the outermost end of the buoy line. If the information on the tag is not legible or the tag is lost for any reason, then the buoy and attached crab gear is not in compliance with law. Replacement tags may be obtained only from the department after the licensee or designated alternate files with the department a signed declaration under penalty of perjury states identifies the number of buoy and pot tags lost, the cause of loss (if known), and the number of replacement tags which will be used.

(4) Transporting pots in excess of buoy tags not allowed without prior notice to department. It is unlawful for the number of pots onboard a vessel in Puget Sound to exceed the number of lawfully tagged buoys onboard the vessel, except if necessary to transport crab pots through Puget Sound to or from other lawful fishing area and at least 72 hours prior notice of transport plans is given to department enforcement.

(5) Description of lawful buoys. All buoys attached to commercial crab gear in Puget Sound waters must consist of a durable material and remain floating on the water's surface when five pounds of weight is attached. It is unlawful to use bleach or antifreeze bottles or any other container as a float. All buoys fished under a single license must be marked in a uniform manner using one buoy brand number registered by the license holder with the department and be of identical color or color combinations. No buoys attached to commercial crab gear in Puget Sound may be ((half)) both red ((in color)) and ((half)) white in color unless a minimum of thirty percent of the surface of each buoy is also prominently marked with an additional color or colors other than red or white, as ((these)) the red and white colors are reserved for personal use crab gear as described in WAC 220-56-320 (1)(c).

(((4) Licensing:

(a) A dungeness crab--Puget Sound fishery license is a license required to operate the gear provided for in this section, and allows the operator to retain dungeness crab taken in Puget Sound.

(b) Crab pot--Puget Sound and crab ring net--Puget Sound fishery licenses are licenses required to operate the gear provided for in this section, and allow the operator to retain crab other than dungeness crab taken in Puget Sound.

(c) Crab pot--non-Puget Sound and crab ring net--non-Puget Sound fishery licenses are licenses required to operate the gear provided for in this section and allow the operator to retain crab taken in state waters other than Puget Sound and offshore waters.

(5))) (6) Commercial crab license requirements. In addition to, and separate from, all requirements in this chapter that govern the time, area, gear, and method for crab fishing, landing, possession, or delivery of crabs, no commercial crab fishing is allowed except when properly licensed. A person may take, fish for, land, or deliver crabs for commercial purposes in Washington or coastal waters only when the person has the license required by statute, or when the person is a properly designated alternative operator to a valid license. For Puget Sound, a person must have a "Dungeness crab - Puget Sound" fishery license provided by RCW 75.28.130. For coastal waters, such person must have a "Dungeness crab - Coastal" fishery license provided by RCW 75.28.130. To use ring nets instead of or in addition to pots, then the licensee must also have the "Crab ring net - Puget Sound" or "Crab ring net - non-Puget Sound" license in RCW 75.28.130. Qualifications for the limited entry licenses, requirements for designating vessels, and use of alternate operators is provided by and controlled by chapters 75.28 and 75.30 RCW.

(7) Incidental catch((:)) may not be retained. It is unlawful to retain salmon ((or)), food fish, or any shellfish other than octopus that is taken incidental to any ((lawful)) crab ((fishery)) fishing.

[Statutory Authority: RCW 75.08.080. 94-12-009 (Order 94-23), § 220-52-043, filed 5/19/94, effective 6/19/94; 93-15-051, § 220-52-043, filed 7/14/93, effective 8/14/93; 84-08-014 (Order 84-24), § 220-52-043, filed 3/27/84; 79-02-053 (Order 79-6), § 220-52-043, filed 1/30/79; Order 77-145, § 220-52-043, filed 12/13/77; Order 1179, § 220-52-043, filed 11/19/74; Order 807, § 220-52-043, filed 1/2/69, effective 2/1/69. Formerly WAC 220-52-040(1).]

AMENDATORY SECTION (Amending WSR 98-05-043, filed 2/11/98, effective 3/14/98)

WAC 220-52-046  Crab fishery--Seasons and areas. ((It is unlawful)) "Commercial crab fishing" means any taking, fishing, use, control, setting, or operation of gear to fish for ((or possess Dungeness)) crabs ((taken)) for commercial purposes ((except during the lawful open seasons and areas)), and shall include the possession of crab on the water for commercial purposes, and the landing or initial delivery of crab for commercial purposes.

The lawful open times and areas for commercial crab fishing are as follows:

(1) All Puget Sound Marine Fish-Shellfish Management and Catch Reporting Areas are open for commercial crab fishing beginning 8:00 a.m. October 1st through the following April 15th and, after October 1, one-half hour before sunrise to one-half hour after sunset, except:

(a) Areas 25C, 26B, 26C, 26D, 27A, 27B, 27C, 28A, 28B, 28C, and 28D ((and the closures provided for in this section)) are not open to commercial crab fishing; and

(b) The areas and times provided by other subsections below are not open to commercial crab fishing.

(2) The following areas are closed to ((non-Indian)) commercial crab fishing except for treaty Indian commercial crab fishing where the treaty Indian crab fisher is following tribal openings that are in accordance with provisions of court orders in United States v. Washington:

(a) Those waters of Marine Fish-Shellfish Management and Catch Reporting Area 20A between a line from the boat ramp at the western boundary of Birch Bay State Park to the western point of the entrance of the Birch Bay Marina and a line from the same boat ramp to Birch Point are closed March 1 through April 15.

(b) Those waters of Marine Fish-Shellfish Management and Catch Reporting Area 20A in Lummi Bay east of a line projected from the entrance buoy at Sandy Point to Gooseberry Point.

(c) Those waters of Marine Fish-Shellfish Management and Catch Reporting Area 21A in Bellingham Bay west of a line projected from the exposed boulder at Point Francis to the pilings at Stevie's Point.

(d) Those waters of Marine Fish-Shellfish Management and Catch Reporting Area 24A east of lines projected north from the most westerly tip of Skagit Island and south to the most westerly tip of Hope Island, thence southeast to Seal Rocks, thence southeast to the green can buoy at the mouth of Swinomish Channel, thence easterly to the west side of Goat Island.

(e) Those waters of Marine Fish-Shellfish Management and Catch Reporting Area 24B inside a line projected from Priest Point to the five-meter tower between Gedney Island and Priest Point, thence northwesterly on a line between the five-meter tower and Barnum Point to the intersection with a line projected true west from Kayak Point, thence east to shore.

(f) Those waters of Marine Fish-Shellfish Management and Catch Reporting Area 24B north of a line projected true west from Kayak Point and south and west of a line from Kayak Point to Barnum Point.

(g) Those waters of Marine Fish-Shellfish Management and Catch Reporting Area 25A west of a line from the new Dungeness Light to the mouth of Cooper Creek are closed through November 15th of each year.

(h) Those waters of Marine Fish-Shellfish Management and Catch Reporting Area 25D within a line projected from the Point Hudson Marina entrance to the northern tip of Indian Island, thence to Kala Point, and thence following the shoreline to the point of origin.

(3) The following areas are closed to commercial crab fishing during the periods indicated:

(a) Those waters of Marine Fish-Shellfish Management and Catch Reporting Area 24C inshore of the 400 foot depth contour within an area bounded by parallel lines projected northeasterly from Sandy Point and the entrance to the marina at Langley are closed October 1 through October 31, and March 1 through April 15 of each year.

(b) Those waters of Marine Fish-Shellfish Management and Catch Reporting Area 26A in Useless Bay north and east of a line from Indian Point to a point on shore 1.5 miles northeast of Double Bluff are closed October 1 through October 31, and March 1 through April 15 of each year.

(c) Those waters of Marine Fish-Shellfish Management and Catch Reporting Area 21B inside lines from Oyster Creek to the fisheries monument on Samish Island and from Oyster Creek to Point Williams are closed shoreward of the ten fathom contour October 1 through October 31, and March 1 through April 15 of each year.

(d) Those waters of Marine Fish-Shellfish Management and Catch Reporting Area 22B in Fidalgo Bay south of a line projected from the red number 4 entrance buoy at Cap Sante Marina to the northern end of the eastern most oil dock are closed October 1 through October 31, and March 1 through April 15 of each year.

(e) Those waters of Marine Fish-Shellfish Management and Catch Reporting Area 22A in Shoal Bay south of a line from Upright Head to Humphrey Head are closed October 1 through October 31, and March 1 through April 15 of each year.

(f) Those waters of Marine Fish-Shellfish Management and Catch Reporting Area 24A in Coronet Bay south of a line projected true east and west from the northernmost tip of Ben Ure Island are closed October 1 through October 31, and March 1 through April 15 of each year.

(4) The following areas are closed to commercial crab fishing until further notice:

(a) Those waters of Marine Fish-Shellfish Management and Catch Reporting Area 24A within a line projected from Rocky Point northeast to the red number 2 buoy, thence to Brown Point.

(b) Those waters of Marine Fish-Shellfish Management and Catch Reporting Area 24D south of a line from Dines Point to the point just north of Beverly Beach.

(c) Those waters of Marine Fish-Shellfish Management and Catch Reporting Area 26A south and east of a line projected from the 3A buoy at the Snohomish River mouth to the outermost tip of the ferry dock at Mukilteo.

(d) Those waters of Marine Fish-Shellfish Management and Catch Reporting Area 26A within a line from the green number 1 buoy at Scatchet Head to the green number 1 buoy at Possession Point thence following the 200 foot contour to a point due east from the Glendale Dock.

(e) Those waters of Marine Fish-Shellfish Management and Catch Reporting Area 21B in Samish Bay south of a line from Oyster Creek to the fisheries management monument on Samish Island.

(f) Those waters of Marine Fish-Shellfish Management and Catch Reporting Area 22A in Westcott and Garrison Bays east of a line projected due south from Point White to San Juan Island.

(g) Those waters of Marine Fish-Shellfish Management and Catch Reporting Area 20A in Birch Bay east of a line projected from the boat ramp at the western boundary of Birch Bay State Park to the western point of the entrance to the Birch Bay Marina.

(h) Those waters of Marine Fish-Shellfish Management and Catch Reporting Area 21A shoreward of the ten-fathom (MLLW) contour in Chuckanut Bay.

(i) Those waters of Marine Fish-Shellfish Management and Catch Reporting Area 22A in Blind Bay south of a line projected due west from Point Hudson to Shaw Island.

(j) Those waters of Marine Fish-Shellfish Management and Catch Reporting Area 22A in Deer Harbor north of a line projected from Steep Point to Pole Pass.

(k) Those waters of Marine Fish-Shellfish Management and Catch Reporting Area 22A in Fisherman Bay south of a line projected east-west through the red number 4 entrance buoy.

(l) Those waters of Marine Fish-Shellfish Management and Catch Reporting Area 22A in Mud Bay south of a line projected from Lopez Island through Crab and Fortress Islands to Lopez Island.

(m) Those waters of Marine Fish-Shellfish Management and Catch Reporting Area 22B in Padilla Bay within a line projected from the northern end of the eastern most oil dock to the red number 2 buoy, thence southeasterly to the red number 8 buoy, thence west to shore.

(n) All waters in the San Juan Islands Marine Preserve Area.

(5) Coastal, Pacific Ocean, Grays Harbor, Willapa Bay and Columbia River waters(( - )) are open to commercial crab fishing December 1 through September 15 except that it is lawful to set baited crab gear beginning at 8:00 a.m. November 28 ((unless)). However, the department may delay opening of the coastal crab fishery ((is delayed)) due to softshell crab conditions, in which case the following provisions will apply:

(a) After consultation with the Oregon Department of Fish and Wildlife, the director may, by emergency rule, establish a softshell crab demarcation line.

(b) For waters of the Pacific Ocean north of Point Arena, California, it is unlawful for a person to use a vessel to fish in any area for which the season opening has been delayed due to softshell crab for the first thirty days following the opening of such an area if the vessel was employed in the coastal crab fishery during the previous forty-five days.

(c) Fishers may not set crab gear in any area where the season opening has been delayed ((more than)), except that gear may be set as allowed by emergency rule and shall typically allow setting sixty-four hours in advance of the delayed season opening time.

(d) It is unlawful to fish for or possess Dungeness crabs or to set crab gear in waters of the Pacific Ocean adjacent to the states of Oregon or California except during the lawful open seasons, areas and times specified by the individual states.

(6) The following areas (Special Management Area; SMA's) are closed to ((non-Indian)) commercial crab fishing during the periods indicated, except for treaty Indian commercial crab fishing where the treaty Indian crab fisher is following tribal openings that are in accordance with provisions of court orders in United States v. Washington:

(a) Those waters bounded by lines projected between the following coordinates:

The non-Indian fishery will be closed within these areas through January 4, 1998. The areas will open to the non-Indian fishery on January 5, 1998, and remain open through September 15, 1998. The non-Indian fishery will be closed within these areas December 1, 1998, through January 4, 1999. The areas will open to the non-Indian fishery on January 5, 1999, and remain open through September 15, 1999.

(b) Those waters between 4740.50'N (Destruction Island) north to 4802.25'N, east of a line (to the coastline) described by the following points:

This area is closed to non-Indian fishing through January 7, 1998. It will reopen to non-Indian fishing on January 8, 1998, and close on February 5, 1998. This area will reopen on March 28, 1998, and remain open through September 15, 1998. This area is closed to non-Indian fishing from December 1, 1998, through January 7, 1999. It will reopen to non-Indian fishing on January 8, 1999, and close on February 5, 1999. This area will reopen on March 28, 1999, and remain open through September 15, 1999.

(c) Those waters east of a line approximating the 25 fathom curve, from 4802.15'N 12450'00"W to 4807'36"N 12451'24"W to 4820'00"N 12450'00"W to Cape Flattery. This area will close to non-Indian fishing December 29, 1997, (after 28 days of fishing) and remain closed through March 31, 1998. The area will reopen on April 1, 1998, and remain open through September 15, 1998.

[Statutory Authority: RCW 75.08.080. 98-05-043, § 220-52-046, filed 2/11/98, effective 3/14/98; 97-08-052 (Order 97-55), § 220-52-046, filed 3/31/97, effective 5/1/97; 94-12-009 (Order 94-23), § 220-52-046, filed 5/19/94, effective 6/19/94; 93-15-051, § 220-52-046, filed 7/14/93, effective 8/14/93; 91-10-024 (Order 91-22), § 220-52-046, filed 4/23/91, effective 5/24/91; 87-05-038 (Order 87-08), § 220-52-046, filed 2/18/87; 85-01-010 (Order 84-214), § 220-52-046, filed 12/7/84; 84-08-014 (Order 84-24), § 220-52-046, filed 3/27/84; 83-01-026 (Order 82-221), § 220-52-046, filed 12/8/82; 80-13-064 (Order 80-123), § 220-52-046, filed 9/17/80; Order 76-152, § 220-52-046, filed 12/17/76; Order 1179, § 220-52-046, filed 11/19/74; Order 1112, § 220-52-046, filed 4/15/74; Order 1057, § 220-52-046, filed 5/22/73; Order 920, § 220-52-046, filed 5/13/71; Order 807, § 220-52-046, filed 1/2/69, effective 2/1/69. Formerly WAC 220-52-040 (2), (3), (4) and (9).]