WSR 21-13-098
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 21-100—Filed June 18, 2021, 1:20 p.m., effective June 20, 2021]
Effective Date of Rule: June 20, 2021.
Purpose: Opens the recreational nonspot shrimp fisheries for Marine Area 7 East.
Citation of Rules Affected by this Order: Repealing WAC 220-330-07000G; 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 regulation opens the recreational nonspot shrimp fisheries for Marine Area 7 East and previously announced seasons in 8-1, 8-2, 9, 11, and 13 only. The nonspot shrimp fisheries have maximum depth restrictions specific to each area to limit capture and handling of spot shrimp. Spot shrimp must be immediately released unharmed during nonspot shrimp seasons. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: June 18, 2021.
Kelly Susewind
Director
NEW SECTION
WAC 220-330-07000HShrimpAreas and seasons.
Notwithstanding the provisions of WAC 220-330-070, effective immediately 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, except as provided for in this section:
(1) Marine Area 5:
Open through September 15, 2021 for all shrimp species.
(2) Marine Areas 6 (excluding the Discovery Bay Shrimp District) and 7 West:
Open through June 19 for all shrimp species.
(3) Marine Area 7 East:
a. Open through June 19, 2021 for all shrimp species.
b. Open June 20 through October 15, 2021 for shrimp species other than spot shrimp with a 200-foot maximum fishing depth restriction. During this time 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.
(4) Marine Areas 8-1 and 8-2:
Open through October 15, 2021 for shrimp species other than spot shrimp with a 150-foot maximum fishing depth restriction. During this time 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.
(5) Marine Area 9:
Open through October 15, 2021 for shrimp species other than spot shrimp with a 150-foot maximum fishing depth restriction. During this time 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.
(6) Marine Area 11:
Open through October 15, 2021 for shrimp species other than spot shrimp with a 150-foot maximum fishing depth restriction. During this time 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.
(7) Marine Area 13:
Open through October 15, 2021 for shrimp species other than spot shrimp with a 200-foot maximum fishing depth restriction. During this time 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.
REPEALER
The following section of the Washington Administrative Code is repealed:
WAC 220-330-07000G
ShrimpAreas and seasons. (21-81)