wa-26-20-107: Fish and Wildlife, Department of — WSR 26-20-107

WSR 26-20-107 (26-20)WSR 26-20-107PROPOSED RULESDEPARTMENT OFFISH AND WILDLIFE[Order 26-06—Filed October 7, 2026, 9:43 a.m.]Original Notice.Preproposal statement of inquiry was filed as WSR 26-09-092 on April 17, 2026.Title of Rule and Other Identifying Information: The Washington department of fish and wildlife (WDFW) is proposing to amend WAC 220-330-090 to close scallops year-round, in all areas. Hearing Location(s): On November 19-21, 2026, at 8:00 a.m., at Oxford Suites, 115 West North River Drive, Spokane, WA 99201; or virtual. Visit our website at https://wdfw.wa.gov/about/commission/meetings, contact the commission office at 360-902-2267, or email commission@dfw.wa.gov for instructions on how to join the meeting.Date of Intended Adoption: December 11, 2026.Submit Written Comments to: WDFW Rules Coordinator, P.O. Box 43152, Olympia, WA 98502, email 2026recscalloprulecr102ii@publicinput.com, website https://engage.wdfw.wa.gov/2026recscalloprulecr102ii, voicemail 855-925-2801, project code 6100, beginning October 7, 2026, 4:00 p.m., by November 22, 2026, 11:59 p.m.Assistance for Persons with Disabilities: Contact civil rights compliance coordinator, phone 833-885-1012, TTY 711, email CivilRightsTeam@dfw.wa.gov, website https://wdfw.wa.gov/accessibility/requestsaccommodation, by November 9, 2026.Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: WDFW is proposing amendments to close the recreational harvest of scallops year-round in all areas, except as opened by emergency regulation, in accordance with public health concerns (biotoxin safety) and in alignment with department of health (DOH) recommendations. This rule proposal is being made to protect the public from risks associated with biotoxins in scallops. Reasons Supporting Proposal: The amendments to the rules are necessary to protect public health and reduce the public's exposure to biotoxins. Previous sampling by DOH in addition to industry research has demonstrated biotoxin risks associated with harvest of scallops. Additional scallop biotoxin samples were opportunistically collected by WDFW staff in August and September 2026 from the Strait of Juan de Fuca and confirmed that both the adductor muscle (the portion of the scallop that is typically consumed) and the viscera exceeded the standards for safe human consumption thresholds. WDFW will collect additional scallop biotoxin samples in October 2026, and those results will be available for the commission's public hearing in November 2026. Statutory Authority for Adoption: RCW 77.04.012, 77.04.013, 77.04.020, 77.04.055, 77.12.045, and 77.12.047.Statute Being Implemented: RCW 77.04.012, 77.04.013, 77.04.020, 77.04.055, and 77.12.047.Rule is not necessitated by federal law, federal or state court decision.Name of Proponent: Governmental.Name of Agency Personnel Responsible for Drafting: Chris Eardley or Bethany Stevick, Port Townsend, 360-744-4773; Implementation: Kelly Cunningham, Olympia, 360-902-2325; and Enforcement: Chief Michael Jewell, Olympia, 360-902-2373.A school district fiscal impact statement is not required under RCW 28A.305.135.A cost-benefit analysis is not required under RCW 34.05.328. This rule proposal does not require a cost-benefit analysis per RCW 34.05.328 (5)(a)(i).This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal: Is exempt under RCW 19.85.025(4).Explanation of exemptions: WDFW is exempt from the requirements of chapter 19.85 RCW because the proposed recreational fishing rules do not regulate small businesses. There are no anticipated professional services required to comply.Scope of exemption for rule proposal:Is fully exempt.October 7, 2026Scott BirdRules CoordinatorRDS-7254.1AMENDATORY SECTION(Amending WSR 22-05-066, filed 2/11/22, effective 7/1/22)WAC 220-330-090Crawfish, sea urchins, sea cucumbers, goose barnacles, scallops, squid, octopus—Areas and seasons.It is unlawful to fish for personal use for crawfish, sea urchins, sea cucumbers, goose barnacles, and scallops except in the following areas and seasons:(1) Crawfish: Open in all waters from the first Monday in May through October 31.(2) Sea cucumbers: Open July 1 through the last day in February in all waters, except in the following closed areas:(a) All waters of Marine Area 12.(b) All waters of Marine Area 8-1.(c) All waters of Marine Area 8-2.(d) All waters of Marine Area 10.(e) Those waters of Marine Area 9 south of a line projected from Foulweather Bluff (47°56.4'N, 122°36.726'W) to Double Bluff (47°58.054'N, 122°32.78'W).(f) Those waters of San Juan Channel and Upright Channel within the following lines: North and west of a line from the northernmost point of Turn Island on San Juan Island (48°32.146'N, 122°58.279'W) to Flat Point on Lopez Island (48°33.060'N, 122°55.181'W) and then projected from Flat Point true west to Shaw Island (48°33.062'N, 122°56.509'W) north of a line projected from the northernmost point of Turn Island (48°32.146'N, 122°58.279'W) true west to San Juan Island (48°32.146'N, 122°59.033'W) west of a line from Neck Point on Shaw Island (48°35.233'N, 123°0.744'W) to Steep Point on Orcas Island (48°36.559'N, 123°1.387'W) and south of a line from Steep Point on Orcas Island to Limestone Point on San Juan Island (48°37.348'N, 123°6.450'W).(g) Those waters of Haro Strait north of a line projected true west from the southernmost point of Cattle Point on San Juan Island (48°27.006'N, 122°57.818'W) to the international border and south of a line projected true west from a point 1/4 mile north of Lime Kiln Light on San Juan Island (48°31.202'N, 123°9.162'W) to the international border.(h) Argyle Lagoon: Those University of Washington-owned tidelands and all bedlands enclosed by the inner spit of Argyle Lagoon on San Juan Island.(i) Those waters within 1/4 mile of Tatoosh Island.(j) Those waters of the Strait of Juan de Fuca in the vicinity of Low Point west of a line projected true north from the shoreline at 123°48.3'W longitude to the international border, and east of a line projected true north from the shoreline at 123°52.7'W longitude to the international border at 123°52.7'W longitude.(k) Those waters of Eagle Harbor west of a line projected from Wing Point (47°37.241'N, 122°29.535'W) to Eagle Harbor Creosote Light Number 1 (47°36.975'N, 122°29.792'W), then projected true west to the shore on Bainbridge Island (47°36.975'N, 122°29.977'W).(l) The waters of Sinclair Inlet west of a line projected southerly from the easternmost point of Point Turner (47°33.886'N, 122°37.397'W) to landfall directly below the Kitsap Transit foot ferry terminal in Annapolis (47°32.868'N, 122°36.973'W).(m) All waters of Hale Passage and Wollochet Bay within the following lines: West and north of a line starting at Point Fosdick following longitude 122°35'W southward to latitude 47°14'; then true west to Fox Island, and east and north of a line starting at Green Point following longitude 122°41'W southward to latitude 47°16.5'N; then true east to Fox Island.(3) Sea urchins: Open year-round in all waters, except in the following closed areas:(a) All waters of Marine Area 12.(b) Those waters of San Juan Channel and Upright Channel within the following lines: North and west of a line from the northernmost point of Turn Island on San Juan Island (48°32.146'N, 122°58.279'W) to Flat Point on Lopez Island (48°33.060'N, 122°55.181'W), and then projected from Flat Point true west to Shaw Island (48°33.062'N, 122°56.509'W) north of a line projected from the northernmost point of Turn Island (48°32.146'N, 122°58.279'W) true west to San Juan Island (48°32.146'N, 122°59.033'W) west of a line from Neck Point on Shaw Island (48°35.233'N, 123°0.744'W) to Steep Point on Orcas Island (48°36.559'N, 123°1.387'W) and south of a line from Steep Point on Orcas Island to Limestone Point on San Juan Island (48°37.348'N, 123°6.450'W).(c) Those waters of Haro Strait north of a line projected true west from the southernmost point of Cattle Point on San Juan Island (48°27.006'N, 122°57.818'W) to the international border and south of a line projected true west from a point 1/4 mile north of Lime Kiln Light on San Juan Island (48°31.202'N, 123°9.162'W) to the international border.(d) Argyle Lagoon: Those University of Washington-owned tidelands and all bedlands enclosed by the inner spit of Argyle Lagoon on San Juan Island.(e) Those waters within 1/4 mile of Tatoosh Island.(f) Those waters of the Strait of Juan de Fuca in the vicinity of Low Point west of a line projected true north from the shoreline at 123°48.3'W longitude to the international border, and east of a line projected true north from the shoreline at 123°52.7'W longitude to the international border at 123°52.7'W longitude.(g) Those waters of Eagle Harbor west of a line projected from Wing Point (47°37.241'N, 122°29.535'W) to Eagle Harbor Creosote Light Number 1 (47°36.975'N, 122°29.792'W), then projected true west to the shore on Bainbridge Island (47°36.975'N, 122°29.977'W).(h) The waters of Sinclair Inlet west of a line projected southerly from the easternmost point of Point Turner (47°33.886'N, 122°37.397'W) to landfall directly below the Kitsap Transit foot ferry terminal in Annapolis (47°32.868'N, 122°36.973'W).(i) All waters of Hale Passage and Wollochet Bay within the following lines: West and north of a line starting at Point Fosdick following longitude 122°35'W southward to latitude 47°14'; then true west to Fox Island, and east and north of a line starting at Green Point following longitude 122°41'W southward to latitude 47°16.5'N; then true east to Fox Island.(4) Goose barnacles:(a) In Marine Area 4 east of the Bonilla-Tatoosh line, and Marine Areas 5, 6, 7, 8-1, 8-2, 9, 10, 11, 12, and 13 (Puget Sound), open year-round.(b) In Marine Areas 1, 2, and 3 and Marine Area 4 west of the Bonilla-Tatoosh line (outside of Olympic National Park), open November 1 through March 31 only.(5) Scallops:((Open in all waters year-round))Closed in all waters year-round except as provided by emergency rule.(6) Squid: Open in all waters year-round.(7) Octopus: Open year-round in all waters, except that is unlawful to take octopus in Marine Area 12 and from the following closed areas:(a) Redondo Beach. Redondo Beach is defined as the waters, bedlands, and tidelands within the area described by a line starting from shore at 47°20.927'N, 122°19.462'W; then northwesterly to 47°20.947'N, 122°19.513'W; then to 47°20.955'N, 122°19.564'W; then northeasterly to 47°21.039'N, 122°19.496'W; then returning to shore at 47°21.011'N, 122°19.42'W.(b) Three Tree Point. Three Tree Point is defined as the waters, bedlands, and tidelands within the area described by a line starting from shore at 47°27.108'N, 122°22.811'W; then northwesterly to 47°27.255'N, 122°22.948'W; then northeasterly to 47°27.425'N, 122°22.617'W; then returning to shore at 47°27.278'N, 122°22.461'W.(c) Alki Beach Seacrest Coves 1, 2, and 3. Alki Beach Seacrest Coves 1, 2, and 3 are defined as the waters, bedlands, and tidelands within the area described by a line starting from shore at 47°35.216'N, 122°22.622'W; then northeasterly and offshore to 47°35.268'N, 122°22.560'W; then northwesterly to 47°35.492'N, 122°23.87'W; then returning to shore at 47°35.480'N, 122°23.905'W. This area does not include waters within 150 feet of the Seacrest Public Fishing Pier, as demarcated at the surface with buoys and on the sea floor by a perimeter line.(d) Les Davis. Les Davis is defined as the waters, bedlands, and tidelands within the area described by a line starting from shore at 47°17.086'N, 122°29.120'W; the northeasterly to 47°17.176'N, 122°29.016'W; then southeasterly to 47°17.115'N, 122°28.902'W; then returning to shore at 47°17.025'N, 122°29.003'W.(e) Alki Beach Junk Yard. Alki Beach Junk Yard is defined as the waters, bedlands, and tidelands within the area described by a line starting from shore at 47°34.677'N, 122°24.953'W; then northwesterly to 47°34.834'N, 122°25.054'W; then northeasterly to 47°34.946'N, 122°24.678'W; then returning to shore at 47°34.789'N, 122°24.575'W.(f) Days Island. Days Island is defined as the waters, bedlands, and tidelands within the area described by a line starting from shore at 47°14.125'N, 122°33.819'W; then west to 47°14.126'N, 122°34.024'W; then north to 47°14.696'N, 122°34.013'W; then returning to shore at 47°14.696'N, 122°34.679'W.(g) Deception Pass. Deception Pass is defined as the waters, bedlands, and tidelands east of a line starting at 48°24.134'N, 122°39.801'W; and north to 48°25.169'N, 122°40.343'W; then east to 48°25.269'N, 122°40.161'W; proceeding to 48°24.925'N, 122°39.845'W; and west of a line starting at 48°24.492'N, 122°36.904'W; and north to 48°24.815'N, 122°36.912'W.