[Order 20-86—Filed May 22, 2020, 5:39 p.m., effective May 28, 2020]

Effective Date of Rule: May 28, 2020.

Purpose: Amend recreational shrimp rules in Puget Sound.

Citation of Rules Affected by this Order: Amending WAC 220-330-070.

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: This regulation is needed to ensure an orderly fishery, manage the fishery within court-ordered sharing requirements, and meet conservation objectives. Harvestable amounts of spot shrimp are available, but recreational shares will only support a limited number of open days in the Marine Areas listed in this section. In addition, this emergency regulation opens the Marine Area 5, 6, and 7 seasons one hour before sunrise to one hour after sunset, which is the default daily start time[s] and [end] times for those areas. Marine Area 13 will remain closed for spot shrimp for conservation reasons. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: May 22, 2020.

WAC 220-330-07000WShrimp—Areas and seasons.

Notwithstanding the provisions of WAC 220-330-070, effective immediately until further notice, it is unlawful to fish for or possess shrimp taken for personal use in all waters of Marine Areas 4 (east of the Bonilla-Tatoosh line), 5, 6, 7, 8-1, 8-2, 9, 10, 11, 12, 13 and the Discovery Bay Shrimp District, except as provided for in this section:

(1) Marine Area 5: Open May 28 each day until further notice for all shrimp species.

(2) Marine Area 7 South: Open May 28 and June 1, 11, 15, 26, 28, and 30 for all shrimp species.

(3) Marine Area 7 East: Open May 28 and June 1, 11, 15, 26, 28, and 30 for all shrimp species.

a. Open July 1 until further notice to harvest of all shrimp species except spot shrimp, with a 200-foot maximum fishing depth restriction. All spot shrimp caught from July 1 onward must be immediately returned to the water unharmed. It is unlawful to set or pull shrimp gear in waters greater than 200 feet deep.

(4) Marine Areas 6 (excluding the Discovery Bay Shrimp District) and 7 West:

a. Open May 28 for all shrimp species;

b. Open June 1 - 13 for all shrimp species;

c. Beginning June 18 open Thursdays through Sunday each week for all shrimp species until quota is attained.

(5) Marine Areas 8-1 and 8-2:

a. Open June 11 from 7:00 a.m. through 1:00 p.m. for all shrimp species.

b. Divers may take shrimp by hand or hand-held device from 7:00 p.m. until midnight on June 11 in Marine Area 8-2.

c. Open June 16 until further notice to harvest of all shrimp species except spot shrimp, with a 150-foot maximum fishing depth restriction. All spot shrimp caught from June 16 onward must be immediately returned to the water unharmed. It is unlawful to set or pull shrimp gear in waters greater than 150 feet deep.

(6) Marine Area 9: Open June 11 from 7:00 a.m. through 1:00 p.m. for all shrimp species.

a. Open June 16 until further notice to harvest of all shrimp species except spot shrimp with a 150-foot maximum fishing depth restriction. All spot shrimp caught from June 16 onward must be immediately returned to the water unharmed. It is unlawful to set or pull shrimp gear in waters greater than 150 feet deep.

(7) Marine Area 10 west of a line from West Point to Alki Point: Open June 11 from 7:00 a.m. through 11:00 a.m. for all shrimp.

(8) Marine Area 10 east of a line from West Point to Alki Point: Open June 11 from 7:00 a.m. through 1:00 p.m. for all shrimp.

(9) Marine Area 11: Open June 11 from 7:00 a.m. through 1:00 p.m. for all shrimp.

a. Open June 16 until further notice to harvest of all shrimp species except spot shrimp, with a 150-foot maximum fishing depth restriction. All spot shrimp caught from June 16 onward must be immediately returned to the water unharmed. It is unlawful to set or pull shrimp gear in waters greater than 150 feet deep.

(10) Marine Area 12: Open June 11, 15, 16, 28, and July 15, 28 from 9:00 a.m. through 1:00 p.m. for all shrimp.

(11) Discovery Bay Shrimp District: Open June 11, 15, 28 from 7:00 a.m. through 3:00 p.m. for all shrimp.

(12) Marine Area 13: Open June 1 until further notice to harvest of all species except spot shrimp with a 200-foot maximum fishing depth restriction. All spot shrimp caught must be returned to the water unharmed. It is unlawful to set or pull shrimp gear in waters greater than 200 feet deep.

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.