WSR 26-09-033
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 26-49—Filed April 7, 2026, 4:47 p.m., effective April 7, 2026, 4:47 p.m.]
Effective Date of Rule: Immediately upon filing.
Purpose: The purpose of this emergency rule is to amend commercial crab fishing in Puget Sound:
WAC 220-340-45500L extends the opening of Subregion 3-2 to commercial crab harvest until one hour after official sunset April 10, 2026.
WAC 220-340-47000M sets reduced pot limits by area for Puget Sound commercial crab harvest effective the dates listed in amended WAC 220-340-455.
Citation of Rules Affected by this Order: Repealing WAC 220-340-45500K and 220-340-47000L; and amending WAC 220-340-455 and 220-340-470.
Under RCW
34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.
Reasons for this Finding: This emergency rule closes Subregion 3-2 to commercial harvest effective one hour after sunset on April 10, 2026, following a shell condition test indicating that crab are still of harvestable condition. Closes Subregions 3-3 and 3-4 effective one hour after official sunset on April 15, 2026, the agreed-to hard closure date. There is sufficient allocation remaining to allow continued harvest in the Puget Sound commercial crab fishery in Subregions 3-2, 3-3, and 3-4 until further notice. These provisions are in conformity with agreed management plans with applicable tribes. Comanagement plans are entered into as required by court order. The Puget Sound commercial season is structured to meet harvest allocation objectives negotiated with applicable treaty tribes and outlined in the management plans. There is insufficient time to adopt permanent rules. Further adjustment of season structure may be made pending updated harvest data.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 2, Amended 0, Repealed 2.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: April 7, 2026.
Kelly Susewind
Director
NEW SECTION
WAC 220-340-45500LCommercial crab fishery—Seasons and areas—Puget Sound.
Notwithstanding the provisions of WAC 220-340-455; effective immediately, until further notice:
Harvest of Dungeness crab in Puget Sound is permitted during the "Open period" indicated in the following table. Harvest for these areas is permitted starting one hour before official sunrise until further notice, unless otherwise indicated below. Any closures take effect one hour after official sunset unless otherwise indicated.
Geographical Management Unit (WAC 220-320-110) | Open Period |
Region 1, MFSF Catch Areas 21A, 21B, and 22B | Closed |
Region 1, Marine Fish-Shellfish Catch Areas 22A, 20A, and 20B | Closed |
Region 2E, excluding Everett Flats CSMA (WAC 220-320-120(3)) | Closed. |
Region 2E, Everett Flats CSMA (WAC 220-320-120(3)) | Closed. |
Region 2W, not including Port Townsend Bay CSMA (WAC 220-320-120(5)) | Closed. |
Region 2W, Port Townsend Bay CSMA (WAC 220-320-120(5)) | Closed. |
Subregion 3-1 | Closed. |
Subregion 3-2, not including Discovery Bay CSMA (WAC 220-230-120 (1)(a)), Sequim Bay CSMA (WAC 220-320-120(6)), or the Port Angeles Harbor CSMA (WAC 220-320-120(4)). | Immediately, through April 10, 2026. |
Subregion 3-2, Discovery Bay CSMA (WAC 220-320-120 (1)(a)) | Immediately, through April 10, 2026. |
Subregion 3-2, Sequim Bay CSMA (WAC 220-320-120(6)) | Immediately, through April 10, 2026. |
Subregion 3-2, the Port Angeles Harbor CSMA (WAC 220-320-120(4)). | Closed. |
Subregion 3-3 | Immediately, through April 15. |
Subregion 3-4 | Immediately, through April 15, 2026. |
Reviser's note: The typographical errors in the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040. NEW SECTION
WAC 220-340-47000MCommercial crab fishery—Gear limits—Puget Sound and Marine Fish-Shellfish Management and Catch Reporting Areas.
Notwithstanding the provisions of 220-340-470, effective immediately, until further notice:
Effective during the "Open Period" listed in WAC 220-340-45500L, it is unlawful for any person to harvest crabs with more than the "Pot limit" per license per buoy tag number indicated within each "geographical management unit".
Geographical Management Unit (WAC 220-320-110) | Pot limit |
Region 1, MFSF Catch Areas 21A, 21B, and 22B | 0 |
Region 1, Marine Fish-Shellfish Catch Areas 22A, 20A, and 20B | 0 |
Region 2E, excluding Everett Flats CSMA (WAC 220-320-120(3)) | 0 |
Region 2E, Everett Flats CSMA (WAC 220-320-120(3)) | 0 |
Region 2W, not including Port Townsend Bay CSMA (WAC 220-320-120(5)) | 0 |
Region 2W, Port Townsend Bay CSMA (WAC 220-320-120(5)) | 0 |
Subregion 3-1 | 0 |
Subregion 3-2, not including Discovery Bay CSMA (WAC 220-230-120 (1)(a)), Sequim Bay CSMA (WAC 220-320-120(6)), or the Port Angeles Harbor CSMA (WAC 220-320-120(4)). | 70 |
Subregion 3-2, Discovery Bay CSMA (WAC 220-320-120 (1)(a)) | 20 |
Subregion 3-2, Sequim Bay CSMA (WAC 220-320-120(6)) | 20 |
Subregion 3-2, the Port Angeles Harbor CSMA (WAC 220-320-120(4)). | 0 |
Subregion 3-3 | 50 |
Subregion 3-4 | 50 |
Reviser's note: The typographical errors in the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040. REPEALER
The following sections of the Washington Administrative Code are repealed:
WAC 220-340-45500K | Commercial crab fishery—Gear limits—Puget Sound and Marine Fish-Shellfish Management and Catch Reporting Areas. (26-47) |
WAC 220-340-47000L | Commercial crab fishery—Gear—Puget Sound and Marine Fish-Shellfish Management and Catch Reporting Areas. (26-47) |
Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.