[Order 20-193—Filed September 17, 2020, 9:49 a.m., effective September 17, 2020, 9:49 a.m.]

Effective Date of Rule: Immediately upon filing.

Purpose: This rule opens the harvest of nonspot shrimp in subareas of 23A, within Shrimp Management Area (SMA) 3, and SMA 1A to allow for the harvest of state share.

In addition, this regulation includes previous emergency regulation amendments:

1. Closes the portion of 20B within SMA 1B to nonspot shrimp trawl harvest due to the attainment of quota;

2. Defines the SMAs and regions open to nonspot shrimp commercial harvest;

3. Sets the harvest and gear limitations for the Puget Sound shrimp trawl fishery;

4. Requires purchase of shrimp harvested by designated fisheries to be done by appropriately licensed dealers.

Citation of Rules Affected by this Order: Repealing WAC 220-340-52000Z; 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 rule opens the Puget Sound commercial nonspot shrimp fishery in Areas 23A, within SMA 3 and SMA 1A following the attainment of the spot shrimp quota.

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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: September 15, 2020.

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.

WAC 220-340-52000APuget Sound shrimp pot and trawl fishery—Seasons.

Effective immediately until further notice, 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 (SMA's) 1A, 1B, 1C, 2W, and 3 are open to the harvest of all non-spot shrimp species, effective immediately until further notice, except as provided for in this section:

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

(b) It is unlawful to harvest shrimp in more than one SMA per 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 SMA's 1A, 1B, 1C, 2W combined. SMA 3 does not have a weekly landing limit.

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

(3) Shrimp trawl gear:

(a) 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.

(d) Effective immediately, the portion of Catch Area 20B within SMA 1B is closed.

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

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 the Washington Administrative Code is repealed:

Puget Sound shrimp pot and trawl fishery—Season. (20-190)