[Order 22-54—Filed April 13, 2022, 9:20 a.m., effective May 25, 2022]

Effective Date of Rule: May 25, 2022.

Purpose: The purpose of this emergency rule is to open Puget Sound recreational spot shrimp seasons.

Citation of Rules Affected by this Order: Amending WAC 220-330-070 and 220-330-010.

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 meet conservation objectives. Harvestable amounts of spot shrimp are available, but recreational shares will only support a limited number of open days in the marine areas listed in this section. In addition, this emergency regulation opens the seasons in Marine Areas 4 east of the Bonilla-Tatoosh line, 5, 6, and 7, one hour before sunrise to one hour after sunset, which is the default daily start time and end time for those areas. Marine Area 10 Elliott Bay will remain closed this year due to recreational harvest overages in 2021. Marine Area 13 also will remain closed to spot shrimp harvest for conservation reasons. The updated daily bag limit reflects commission adopted rule making which go into effect July 1. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 2, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: April 13, 2022.

WAC 220-330-01000VShellfish—Daily limits, size restrictions, and unlawful acts.

Notwithstanding the provisions of WAC 220-330-010, Effective May 25, 2022, until further notice, the provisions of WAC 220-330-010 shrimp daily limits in Puget Sound shall be modified as follows, all other provisions not addressed herein remain in effect unless otherwise amended by emergency rule:

(1) In Marine Area 4 east of the Bonilla-Tatoosh line and Marine Areas 5, 6, 7, 8-1, 8-2, 9, 10, 11, 12, and 13: Daily limit is 80 spot shrimp; with a total daily weight limit of 10 pounds (whole shrimp) all species combined.

(2) If retaining nonspot shrimp, all shrimp heads (spot and nonspot) must be retained in the field until ashore and finished fishing for the day.

WAC 220-330-07000KShrimp—Areas and seasons.

Notwithstanding the provisions of WAC 220-330-070, effective May 25, 2022, until further notice, 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 Areas 4 (east of the Bonilla-Tatoosh line) and 5: Open May 25 each day, from 1 hour before official sunrise to 1 hour after official sunset, until further notice for all shrimp species.

(2) Marine Area 6 (excluding the Discovery Bay Shrimp District): Open from 1 hour before official sunrise to 1 hour after official sunset on May 25 through 28, June 9 through 11, June 23 through 25, July 7 through 9, and July 21 through 23 for all shrimp species.

(3) Discovery Bay Shrimp District: Open May 25 from 9:00 a.m. through 1:00 p.m. for all shrimp species.

(4) Marine Areas 7 South and 7 East: Open from 1 hour before official sunrise to 1 hour after official sunset on May 25 through 28 and June 9 through 11 for all shrimp species.

(5) Marine Area 7 West: Open from 1 hour before official sunrise to 1 hour after official sunset on May 25 through 28, June 9 through 11, June 23 through 25, and July 7 through 9 for all shrimp species.

(6) Marine Areas 8-1 and 8-2:

(a) Open May 25 and June 9 from 8:00 a.m. through noon for all shrimp species.

(b) Divers may take shrimp by hand or hand-held device from 7:00 p.m. until midnight on May 25 and June 9 in Marine Area 8-2.

(7) Marine Area 9: Open May 25 from 8:00 a.m. through noon for all shrimp species.

(8) Marine Area 10 west of a line from West Point to Alki Point: Open May 25 from 8:00 a.m. through noon for all shrimp species.

(9) Marine Area 11: Open May 25 from 8:00 a.m. through noon for all shrimp species.

(10) Marine Area 12: Open May 25, May 28, June 9, and June 23 from 9:00 a.m. through 1:00 p.m. for all shrimp species.