[Order 20-142—Filed July 28, 2020, 3:07 p.m., effective July 28, 2020, 3:07 p.m.]

Effective Date of Rule: Immediately upon filing.

Purpose: This rule is needed for two reasons:

(1) To adjust the second spot shrimp accounting period to allow harvesters to take two thousand five hundred pounds of spot shrimp from July 15 to August 25, 2020.

(2) To close harvest of nonspot shrimp species in Region 2E, which is composed of Catch Areas 24A, 24B, 24C, 24D, and 26AE, effective August 4, 2020.

Citation of Rules Affected by this Order: Repealing WAC 220-340-52000R; and amending WAC 220-340-520.

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: The 2020 State/Tribal Shrimp Harvest Management Plans for the Strait of Juan de Fuca and Puget Sound require adoption of harvest seasons contained in this emergency rule. This emergency rule (1) defines the shrimp management areas and regions open to spot and nonspot commercial harvest; (2) sets harvest restrictions for the nonspot commercial pot fishery; (3) sets harvest restrictions for the spot commercial pot fishery; (4) sets the harvest and gear limitations for the Puget Sound shrimp trawl fishery; (5) requires purchase of shrimp harvested by the designated fisheries to be done by appropriately licensed dealers; (6) closes Shrimp Management Area 1A to state commercial harvest of spot shrimp due to the attainment of quota (7137 pounds); (7) amends the second spot shrimp accounting period to allow two thousand five hundred pounds of spot shrimp harvest between July 15, 2020, and August 25, 2020; and (8) closes the harvest of nonspot shrimp via pots in Region 2E. The adjustment to the catch accounting period provides greater flexibility to allow commercial harvesters to respond to softening market conditions. Additionally, this adjustment streamlines Washington department of fish and wildlife staff workflow and optimizes the economic utility of the commercial share of the resource. The closure of Region 2E is due to the coordinated attainment of the 2020 harvest share.

The immediate adoption of this rule is necessary for the preservation of the public health, safety, or general welfare, 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 not sufficient 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 28, 2020.

WAC 220-340-52000SPuget Sound shrimp pot and trawl fishery—Season.

Effective immediately and until further notice, or until this rule expires on August 28, 2020 pursuant to RCW 34.05.350, the following provisions of WAC 220-340-520 regarding Puget Sound commercial shrimp pot harvest, non-spot shrimp harvest, spot shrimp harvest, trawl shrimp harvest and sales shall be described below. All other provisions of WAC 220-340-520 not addressed herein, and unless otherwise amended, remain in effect:

(1) Shrimp Pot Harvests:

(a) All waters of Shrimp Management Areas 1A, 1B, 1C, 2E, 2W and 3 are open to the harvest of all shrimp species, effective immediately, until further notice, except as provided for in this section:

(i) All waters of Marine Fish/Shellfish Management and Catch Reporting Areas (Catch Areas) 23A-E, 23A-W, 23A-C, and 23A-S are closed to the harvest of non-spot shrimp until the spot quota is attained in all sub-areas of 23A. Catch Areas 23A-E, 23A-W, 23A-C, and 23A-S AE are within Shrimp Management Area 3 and comprise Catch Area 23A.

(ii) Effective immediately it is unlawful to harvest spot shrimp from sub-area 23A-E.

(iii) Effective immediately it is unlawful to harvest spot shrimp from Shrimp Management Area 1A.

(iv) Shrimp Management Area 1A is closed to harvest of non-spot shrimp until the spot shrimp quota is attained in all Catch Areas of 1A.

(v) Effective August 4, 2020 at 11:59 p.m. it is unlawful to harvest non-spot shrimp from Region 2E. Region 2E is composed of Catch Areas 24A, 24B, 24C, 24D, and 26AE.

(vi) Discovery Bay Shrimp District is closed to the harvest of all shrimp species.

(vii) Shrimp Management Areas 1B, 2E, and 2W are closed to the harvest of spot shrimp.

(b) It is unlawful to harvest non-spot and spot shrimp in the same day.

(2) Shrimp Non-spot Pot Harvest Restrictions

(a) The non-spot shrimp catch accounting period is weekly from Wednesday through Tuesday, totaling 7 days in length.

(b) It is unlawful for the combined total harvest of non-spot shrimp by a fisher or the fisher's alternate operator to exceed 600 pounds per shrimp catch accounting week from Shrimp Management Areas 1B, 1C, 2E, and 2W combined.

(c) Harvest of non-spot shrimp is not permitted deeper than 175 feet in Region 2W. Region 2W is comprised of Catch Areas 25B, 25C, 25D, and 26AW.

(d) Harvest of non-spot shrimp is not permitted deeper than 150 feet in Region 2E. Region 2E is comprised of Catch Areas 24A, 24B, 24C, 24D, and 26AE (26A northerly of a line drawn from the southern tip of Possession Point on Whidbey Island 110 true to the shipwreck on the opposite shore).

(3) Shrimp Spot Pot Harvest Restrictions:

(a) The second spot shrimp catch accounting period is from July 15, 2020 through 11:59 p.m. on August 25, 2020.

(b) It is unlawful for the combined total harvest of spot shrimp by a fisher or the fisher's alternate operator to exceed 2500 pounds for the second catch accounting period from Shrimp Management Areas 1A, 1C, and 3 combined.

(c) For the catch accounting period defined in 3(a,) of this rule each fisher or alternate operator is required to report their intended catch area of harvest prior to the deployment of any spot shrimp gear to either shrimp.report@dfw.wa.gov or by text message to 360-302-6372.

(4) Shrimp trawl gear:

(a) Shrimp Management Area (SMA) 3 (outside of the Discovery Bay Shrimp District, Sequim Bay and Catch Area 23D) is open, effective immediately, until further notice. Sequim Bay includes those waters of Catch Area 25A south of a line projected west from Travis Spit on the Miller Peninsula.

(b) That portion of Catch Area 22A within SMA 1B east of a line projected 122.47°W longitude and west of a line projected 122.43°W longitude in Rosario Strait is open.

(c) The remaining portion of Catch Area 22A within SMA 1B is open effective immediately, until further notice, or until this expire on August 28, 2020.

(5) All shrimp taken under this section must be sold to licensed Washington State wholesale fish dealers.

Reviser's note: The unnecessary underscoring 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.

Reviser's note: The typographical errors in the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.

The following section of Washington Administrative Code is repealed:

Puget Sound shrimp pot and trawl fishery—Season. (20-134)