[Order 20-121—Filed June 26, 2020, 11:25 a.m., effective June 26, 2020, 11:25 a.m.]

Effective Date of Rule: Immediately upon filing.

Purpose: The purpose of this rule is to repeal the previously scheduled opening on June 28, 2020, for all shrimp species in the Discovery Bay Shrimp District.

Citation of Rules Affected by this Order: Repealing WAC 220-330-07000X and 220-330-07000Y; and 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 4 (east of the Bonilla-Tatoosh line), 5, 6 and 7 seasons one hour before sunrise to one hour after sunset, which is the default daily start time and stop time for those areas. By repealing the previous emergency rule (WSR 20-14-001) regarding Puget Sound recreational shrimp seasons this rule also closes the Discovery Bay Shrimp District portion of Marine Area 6 to harvest of all shrimp species because the annual spot shrimp quota for this area has been attained. Marine Area 13 will remain closed for spot shrimp for conservation reasons. This rule is consistent with 2020 State/Tribal Shrimp harvest Management Plan. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 2.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.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: June 26, 2020.

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

Notwithstanding the provisions of WAC 220-330-070, effective immediately until further notice, or until this rule expires on October 16, 2020, 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 portion of Marine Area 6, except as provided for in this section. All other provisions of WAC 220-330-070 not addressed herein, or unless otherwise amended by emergency rule, remain in effect:

(1) Marine Area 4 (east of the Bonilla-Tatoosh line): Open immediately each day until further notice for all shrimp species.

(2) Marine Area 5: Open immediately each day until further notice for all shrimp species.

(3) Marine Area 7 South: Open June 26, 28, and 30 for all shrimp species.

(4) Marine Area 7 East:

(a) Open June 26, 28, and 30 for all shrimp species.

(b) 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.

(5) Marine Areas 6 (excluding the Discovery Bay Shrimp District) and 7 West: Effective immediately until further notice, open Thursdays through Sunday each week for all shrimp species until quota is attained.

(6) Marine Areas 8-1 and 8-2: Open immediately until further notice to harvest of all shrimp species except spot shrimp, with a 150-foot maximum fishing depth restriction. All spot shrimp 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 9: Open immediately until further notice to harvest of all shrimp species except spot shrimp with a 150-foot maximum fishing depth restriction. All spot shrimp must be immediately returned to the water unharmed. It is unlawful to set or pull shrimp gear in waters greater than 150 feet deep.

(8) Marine Area 11: Open immediately until further notice to harvest of all shrimp species except spot shrimp, with a 150-foot maximum fishing depth restriction. All spot shrimp must be immediately returned to the water unharmed. It is unlawful to set or pull shrimp gear in waters greater than 150 feet deep.

(9) Marine Area 12: Open June 26, 28, and July 15, 28 from 9:00 a.m. through 1:00 p.m. for all shrimp.

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

The following section of Washington Administrative Code is repealed, effective immediately:

Shrimp—Areas and seasons. (20-112)

The following section of Washington Administrative Code is repealed, effective October 16, 2020:

Shrimp—Areas and seasons. (20-121)