PDFWAC 220-340-430
Commercial crab fishery—Gear requirements.
(1) Buoy tag and pot tag required.
(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) 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. A violation of this subsection is punishable under RCW 77.15.520 Commercial fishing—Unlawful gear or methods—Penalty.
(3) 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) All remaining, undeployed buoy tags per license per region must be onboard 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) Replacement crab buoy tags.
(i) Puget Sound: 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.
(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) A violation of subsection (3) of this section is a gross misdemeanor, punishable under RCW 77.15.520 Commercial fishing—Unlawful gear or methods—Penalty.
(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 shellfish 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 fishery 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 any 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) 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.
(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) The maximum distance between the leading edge of the main buoy and the tailing edge of 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 (5), (6), or (7) of this section is a gross misdemeanor, punishable under RCW 77.15.520 Commercial fishing—Unlawful gear or methods—Penalty.
[Statutory Authority: RCW 77.04.012, 77.04.013, 77.04.055, 77.12.045, and 77.12.047. WSR 25-10-081 (Order 25-72), s 220-340-430, filed 5/6/25, effective 6/6/25; WSR 23-22-110 (Order 2023-10), § 220-340-430, filed 10/31/23, effective 12/1/23. Statutory Authority: RCW 77.04.012, 77.04.020, 77.04-055 [ 77.04.055], 77.12.045, and 77.12.047. WSR 22-08-048, § 220-340-430, filed 3/31/22, effective 5/1/22. Statutory Authority: RCW 77.04.020, 77.12.045, and 77.12.047. WSR 21-24-031 (Order 21-259), § 220-340-430, filed 11/22/21, effective 1/1/22; WSR 20-04-066 (Order 20-15), § 220-340-430, filed 1/31/20, effective 3/2/20. Statutory Authority: RCW 77.04.012, 77.04.055, 77.12.045, and 77.12.047. WSR 17-17-104 (Order 17-207), § 220-340-430, filed 8/18/17, effective 9/18/17. Statutory Authority: RCW 77.04.012, 77.04.013, 77.04.020, 77.04.055, and 77.12.047. WSR 17-05-112 (Order 17-04), amended and recodified as § 220-340-430, filed 2/15/17, effective 3/18/17. Statutory Authority: RCW 77.04.012, 77.04.020, 77.04.055, 77.12.045, and 77.12.047. WSR 15-03-091 (Order 15-01), § 220-52-042, filed 1/21/15, effective 2/21/15. Statutory Authority: RCW 77.04.012, 77.04.013, 77.04.055, 77.12.045, and 77.12.047. WSR 12-23-016 (Order 12-267), § 220-52-042, filed 11/9/12, effective 12/10/12.]