Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of this expedited rule project is to amend WAC 220-305-085 so that it more precisely and clearly references the applicable sections of 33 C.F.R. Section 165.1301.

Reasons Supporting Proposal: The Washington department of fish and wildlife (WDFW) adopted new WAC 220-305-085 that permanently closed fishing areas near Washington state ferry terminals in Puget Sound under WSR 25-17-025 on August 12, 2025. The rule prohibits recreational crabbing and shrimping, as well as commercial purse seine and gillnet fishing, crabbing, and shrimping near Washington state ferry terminals.

The rule incorporates by reference 33 C.F.R. Section 165.1301. However, WDFW did not intend to incorporate the entire federal rule, but only two subsections, (c)(2) and (d)(3). WDFW needs to amend and clarify this reference in WAC 220-305-085.

Name of Agency Personnel Responsible for Drafting and Implementation: Kirt Hughes, 1111 Washington Street S.E., Olympia, WA 98501; Enforcement: Chief Steve Bear, 1111 Washington Street S.E., Olympia, WA 98501, 360-902-2605.

Adopts or incorporates by reference without material change federal statutes or regulations, Washington state statutes, rules of other Washington state agencies, shoreline master programs other than those programs governing shorelines of statewide significance, or, as referenced by Washington state law, national consensus codes that generally establish industry standards, if the material adopted or incorporated regulates the same subject matter and conduct as the adopting or incorporating rule.

THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Scott Bird, Rules Coordinator, WDFW, P.O. Box 43200, Olympia, WA 98501, phone 360-902-2403, fax 360-902-2155, email rules.coordinator@dfw.wa.gov, BEGINNING November 18, 2025, AND RECEIVED BY January 20, 2025 [2026].

(1) It is unlawful for any vessel to engage in any recreational crabbing or shrimping or commercial crabbing, shrimping, gillnetting or purse seine fishing within a rectangular-shaped closure area that extends 100 yards to either side of each end of any Washington state-managed ferry terminal and extending 400 yards in a straight line into the water from the end of each terminal.

Except for the Coupeville ferry terminal whose closure area shall extend 800 yards in a straight line into the water from the end of the terminal.

(2) In addition to the definition of a "terminal" in RCW 79.105.060(21) and for the purpose of this rule, the end of the terminal is the point of interchange where the ferry docks to load and unload passengers.

(3) It is unlawful for vessel operators engaged in fishing to violate the provisions of 33 C.F.R. Section 165.1301 (c)(2) and (d)(3).

(4) For recreational fishers, a violation of this section is an infraction punishable under RCW 77.15.160. For commercial fishers, a violation of this section is a gross misdemeanor under RCW 77.15.550.