[Order 26-61—Filed April 21, 2026, 4:39 p.m., effective April 21, 2026, 4:39 p.m.]

Effective Date of Rule: Immediately upon filing.

Purpose: The purpose of this emergency rule is to amend coastal commercial crab rules.

Citation of Rules Affected by this Order: Repealing WAC 220-340-42000K and 220-340-45000C; and amending WAC 220-340-420, 220-340-430, and 220-340-450.

Statutory Authority for Adoption: RCW 77.04.012, 77.04.020, 77.12.045, and 77.12.047.

Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.

Reasons for this Finding: Provisions of state/tribal agreements have been met, allowing opening of Quileute Special Management Area with the temporary pot limit. There is insufficient time to adopt permanent rules.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 3, Amended 0, Repealed 2.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 21, 2026.

WAC 220-340-42000LCommercial crab fishery—Unlawful acts.

Notwithstanding the provisions of WAC 220-340-420 and WAC 220-340-480, effective 8:00 a.m. May 1, 2026, until further notice:

(1) It unlawful for a vessel to use more than 100 pots in the Quileute Special Management Area (SMA) between Cape Johnson (47°58.00) and Destruction Island (47°40.50) from 8:00 am May 1, 2026, until 8:00 am June 1, 2026. Fishers must pre-register with the Department of Fish and Wildlife prior to deploying gear in this area by one of the following methods:

(a) E-mail to Jamie Fuller at Jamie.Fuller@dfw.wa.gov; or

(b) Telephone call to Jamie Fuller at 360-580-0875.

(2) All other provisions of the permanent rule remain in effect.

Reviser's note: The unnecessary underscoring 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.

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.

WAC 220-340-43000ECommercial crab fishery—Gear requirements.

Effective immediately, until further notice, provisions of WAC 220-340-430 regarding the allowable distance of line connecting main (diver) buoys to the last trailer buoy for coastal commercial Dungeness crab fishery surface gear are modified as described in this section. All other provisions of WAC 220-340-430, not addressed in this section, remain in effect unless altered by emergency rule:

The maximum distance of the line connecting the main (diver) buoy to the last trailer buoy must not exceed 36 feet, unless the vessel is operating under the exemption provided under this subsection. 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.

WAC 220-340-45000DCommercial crab fishery—Seasons and areas—Coastal.

Notwithstanding the provisions of WAC 220-340-450, effective immediately, until further notice: it is unlawful to fish for Dungeness crab in Washington coastal waters, the Pacific Ocean, Grays Harbor, Willapa Bay, or the Columbia River, except as provided in this section:

(1) Open area: The area from the WA/OR border (46°15.00') to the U.S./Canada border, including Willapa Bay and Grays Harbor.

(a) For the purposes of this section, the waters of Willapa Bay include the marine waters east of a line connecting 46°44.76'N, 124°05.76'W and 46°38.93'N, 124°04.33'W.

(2) The Quileute special management area (SMA) is closed to fishing for Dungeness crab until 8:00 a.m. May 1, 2026. The SMA includes the area between Destruction Island and Cape Johnson according to the following points:

(a) Northeast Corner (Cape Johnson): 47°58.00'N. Lat. 124°40.40'W. Lon.

(b) Northwest Corner: 47°58.00'N. Lat. 124°49.00'W. Lon.

(d) Southeast Corner (Destruction Island): 47°40.50'N. Lat. 124°24.43'W. Lon.

(3) All other provisions of the permanent rule remain in effect.

The following sections of the Washington Administrative Code are repealed effective May 1, 2026:

Commercial crab fishery—Unlawful acts. (26-17)

Commercial crab fishery—Seasons and areas—Coastal. (26-17)

WAC 220-340-42000K	Commercial crab fishery—Unlawful acts. (26-17)
WAC 220-340-45000C	Commercial crab fishery—Seasons and areas—Coastal. (26-17)