[Order 20-192—Filed September 15, 2020, 2:09 p.m., effective September 16, 2020]

Effective Date of Rule: September 16, 2020.

Purpose: The purpose of this rule is to close recreational spot shrimp seasons in Marine Area 4 east of the Bonilla-Tatoosh line and Marine Area 5.

Citation of Rules Affected by this Order: Repealing WAC 220-330-07000D, 220-330-07000E and 220-359-02000D; 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 closes the last two areas with recreational spot shrimp harvest opportunity in Puget Sound on September 16, consistent with signed comanagement plans. It opens the nonspot shrimp harvest opportunity in these two areas which (by permanent rule) allows using 1/2 inch mesh pots through October 15. Additionally, 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. This emergency regulation 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.

This rule also repeals WSR 20-17-114 as a matter of housekeeping; the repealer for this filing was inadvertently omitted because of a typo in the subsequent filing of WSR 20-19-015.

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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 3.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.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 15, 2020.

WAC 220-330-07000EShrimp—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 until further notice to the harvest of all shrimp species except spot shrimp. All spot shrimp must be immediately returned to the water unharmed.

(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 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.

(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. 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. (20-173)

The following section of the Washington Administrative Code is repealed effective October 16, 2020:

Shrimp—Areas and seasons. (20-192)

The following section of the Washington Administrative Code is repealed:

Columbia River salmon seasons. (20-161)

Reviser's note: The typographical error 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.