[Order 20-173—Filed September 1, 2020, 4:40 p.m., effective September 1, 2020, 4:40 p.m.]

Effective Date of Rule: Immediately upon filing.

Purpose: The purpose of this rule is to open all-depth/all shrimp species seasons in Marine Areas 7E and 7W, from September 10 through September 14, 2020.

Citation of Rules Affected by this Order: Repealing WAC 220-330-07000C and 220-330-07000D; 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. This rule opens Marine Areas 7E and 7W on specified days in September to harvest remaining spot shrimp quota in these areas. Additionally, this rule maintains areas currently open to the harvest of nonspot shrimps using half inch mesh pots with depth restrictions specific to each marine area. This emergency regulation allows spot and 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.

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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 2.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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

WAC 220-330-07000DShrimp—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 species of shrimp.

(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. It is unlawful to set or pull shrimp gear in waters greater than 200 feet deep. All spot shrimp caught must be immediately returned to the water unharmed.

(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 September 10, 11, 12, 13, and 14 for all shrimp species with no fishing depth restriction. Open until further notice, except for September 10, 11, 12, 13, and 14, to the harvest of all shrimp species except spot shrimp with a 200-foot maximum fishing depth restriction. It is unlawful to set or pull shrimp gear in waters greater than 200 feet deep. All spot shrimp caught before September 10 or after September 14 must be immediately returned to the water unharmed.

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

(6) Marine Area 7 West: Open September 10, 11, 12, 13, and 14 for 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. It is unlawful to set or pull shrimp gear in waters greater than 150 feet deep. All spot shrimp caught must be immediately returned to the water unharmed.

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

(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. It is unlawful to set or pull shrimp gear in waters greater than 150 feet deep. All spot shrimp caught must be immediately returned to the water unharmed.

(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. It is unlawful to set or pull shrimp gear in waters greater than 200 feet deep. All spot shrimp caught must be returned to the water unharmed.

The following section of the Washington Administrative Code is repealed:

Shrimp—Areas and seasons. (20-152)

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

Shrimp—Areas and seasons.