[Order 20-140—Filed July 21, 2020, 12:38 p.m., effective July 21, 2020, 12:38 p.m.]

Effective Date of Rule: Immediately upon filing.

Purpose: The purpose of this rule is to close recreational shrimp seasons in Marine Area 12 as harvest targets have been achieved.

Citation of Rules Affected by this Order: WAC 220-330-07000A and 220-330-07000B; 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. In Puget Sound, only Marine Area 4 (east of the Bonilla-Tatoosh line) and Marine Area 5 remain open for spot shrimp harvest. This rule closes Marine Area 12 to all shrimp harvest due to having reached 2020 harvest quota and maintains closure of all areas which are estimated to have reached their 2020 spot shrimp harvest targets. This rule also maintains areas currently open to the harvest of nonspot shrimps using 1/2 inch mesh pots with depth restrictions specific to each marine area. In addition, this emergency rule allows nonspot shrimp opportunities to take place one hour before sunrise to one hour after sunset, which is the default daily times for those areas by permanent rule. Marine Area 13 will remain closed for spot shrimp for conservation reasons.

The immediate adoption of this rule is necessary for the preservation of the public health, safety, or general welfare, and observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.

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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 2.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: July 21, 2020.

WAC 220-330-07000BShrimp—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) and 5: Open daily until further notice for all shrimp species.

(2) Marine Area 6 (excluding the Discovery Bay Shrimp District): Open 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.

(3) Marine Area 6 (within the Discovery Bay Shrimp District): Closed to the harvest of all species of shrimp.

(4) 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.

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

(6) Marine Area 7 West: Closed to the harvest of all species of shrimp.

(7) 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.

(8) 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.

(9) Marine Area 10: Closed to the harvest of all species of shrimp.

(10) 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.

(11) Marine Area 12: Closed to the harvest of all species of shrimp.

(12) 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 immediately:

Shrimp—Areas and seasons. (20-130)

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

Shrimp—Areas and seasons. (20-140)