[Order 20-59—Filed April 20, 2020, 3:03 p.m., effective April 21, 2020]

Effective Date of Rule: April 21, 2020.

Purpose: Amend Puget Sound commercial scallop rules.

Citation of Rules Affected by this Order: Repealing WAC 220-340-61000H; and amending WAC 220-340-610.

Statutory Authority for Adoption: RCW 77.04.012, 77.04.020, 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: This emergency rule is needed because the department of health has closed the Lopez Island Southeast growing area due to high paralytic shellfish poisoning test results, a harvestable surplus of pink and spiny scallops exists in the areas specified, and small landings for the purpose of public health testing should be allowed in approved and restricted growing areas. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 20, 2020.

WAC 220-340-61000ICommercial scallop fishery—Puget Sound

Notwithstanding the provisions of WAC 220-340-610, effective immediately until further notice, it is unlawful to take or possess pink or spiny scallops taken for commercial purposes except as provided for in this section:

(1) Pink or spiny scallop harvest is limited to 10 pounds per day for the sole purpose of submitting a sample to the Washington Department of Health for public health testing.

(2) It is unlawful to fish for, take, or possess pink or spiny scallops with shellfish dive gear without a commercial scallop dive fishery license holder on board the designated harvest vessel.

(3) Pink or spiny scallop harvest using shellfish diver gear, for the purposes of public health testing, is only allowed in Washington Department of Health (DOH) Approved Commercial Shellfish Growing Areas of Marine Fish/Shellfish Catch Reporting Areas 20A, 20B, 21A, 21B, 22A, 22B, 23A, 23B, 25A and 25B, except as noted in (3) below.

(4) Pink or spiny scallop harvest using shellfish diver gear, for the purposes of public health testing, is also allowed within DOH Restricted Scallop Area 2 Rosario Strait, Restricted Scallop Area 3 Burrows Bay and Restricted Scallop Area 4 Lopez Island Southeast defined by the Washington Department of Health in Marine Fish/Shellfish Catch Reporting Areas 20B, 21A, 22A, 23A and 23B.

(5) It is unlawful for more than two divers from a harvest vessel to be in the water at any one time during pink or spiny scallop harvest operations or when commercial quantities of pink or spiny scallops are on board the vessel.

(6) It is unlawful to possess any other species of commercial shellfish during pink or spiny scallop harvest operations and when pink or spiny scallops are onboard the harvest vessel.

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.

The following section of the Washington Administrative Code is repealed April 21, 2020:

Commercial scallop fishery—Puget Sound. (19-320)