[Order 20-126—Filed July 1, 2020, 11:10 a.m., effective July 2, 2020]

Effective Date of Rule: July 2, 2020.

Purpose: Amend recreational shrimp rules in Puget Sound.

Citation of Rules Affected by this Order: Repealing WAC 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 ensure conservation. Harvestable amounts of spot shrimp are available in some regions, but recreational shares will only support a limited number of open days in the few marine areas listed in this section. This rule closes Marine Area 6 outside Discovery Bay to the harvest of spot shrimp. It opens this same area to the harvest of nonspot shrimps using 1/2 inch mesh pots with a two hundred foot depth restriction. In addition, this emergency regulation opens the Marine Area 4, 5, 6 and 7 seasons one hour before sunrise to one hour after sunset, which is the default daily start time and 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: July 1, 2020.

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

Notwithstanding the provisions of WAC 220-330-070, effective July 2 2020 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 4 (east of the Bonilla-Tatoosh line) and 5: Open daily until further notice for all shrimp species.

(2) Marine Area 7 South: Closed to the harvest of all species of shrimp.

(3) Marine Area 7 East: Open until further notice to harvest of all shrimp species except spot shrimp with a 200 foot maximum fishing depth restriction. All spot shrimp caught 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 Area 6 (excluding the Discovery Bay Shrimp District): Open July 2 until further notice to the harvest of all shrimp species except spot shrimp with a 200 foot maximum fishing depth restriction. All spot shrimp caught 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 Area 7 West: Open Thursdays through Mondays each week for all shrimp species until quota is attained.

(6) Marine Areas 8-1 and 8-2: Open until further notice to harvest of all shrimp species except spot shrimp with a 150 foot maximum fishing depth restriction. All spot shrimp caught 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 until further notice to harvest of all shrimp species except spot shrimp with a 150 foot maximum fishing depth restriction. All spot shrimp caught 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 until further notice to harvest of all shrimp species except spot shrimp with a 150 foot maximum fishing depth restriction. All spot shrimp caught 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 July 15, 28 from 9:00 a.m. through 1:00 p.m. for all shrimp species.

(10) Marine Area 13: Open 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.

The following section of the Washington Administrative Code is repealed effective July 2, 2020:

Shellfish—Daily limits. (20-121)