[Order 23-71—Filed May 12, 2023, 3:15 p.m., effective May 12, 2023, 3:15 p.m.]

Effective Date of Rule: Immediately upon filing.

Purpose: This emergency rule: (1) Opens Region 3 shrimp trawl fisheries effective immediately; (2) clarifies observing requirement for areas that open based on bycatch sampling criteria; and (3) opens Region 1 trawl fisheries as required by permanent rule.

Citation of Rules Affected by this Order: Repealing WAC 220-340-54000F; and amending WAC 220-340-540.

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: Permanent rules regulating state commercial shrimp harvest in Puget Sound and the Strait of Juan de Fuca require adoption of harvest seasons contained in this emergency rule. This emergency rule is necessary to prosecute state commercial shrimp pot and trawl fisheries in Puget Sound. This rule allows harvesters to both respond to dynamic changes in market conditions and promotes full utilization of both the commercial spot and nonspot shares. These rules are in congruence with comanager agreements. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: May 12, 2023.

WAC 220-340-54000GCommercial shrimp trawl fishery—Puget Sound.

Notwithstanding the provisions of WAC 220-340-540, immediately, until further notice, or until they expire pursuant to RCW 34.05.350, it is unlawful to fish for shrimp for commercial purposes using beam trawl gear in Puget Sound except as provided for in Tables (a), (b), and (c) of this section:

(a) Non-spot shrimp beam trawl harvest is permitted starting one hour before official sunrise on the hard season opening dates listed for each of the areas detailed below.

	Geographic Area Description ((WAC 220-320-140(3); WAC 220-320-120)	Open period
	Catch Area 20A outside of those waters north and east of a line from Point Roberts Light (48.9716°, -123.0838°) to Sandy Point Light at the Lummi Reservation (48.7868°, -122.7124°)	August 1, 2023
	Those waters within the Lummi-Sinclair Triangle.	July 1, 2023
	Those waters of South Lopez Sound.	July 10, 2023
	All waters within subregion 1B, excluding those waters of South Lopez Sound and the Lummi-Sinclair Triangle.	June 16, 2023
	Subarea 23A East, MFSF Catch Areas 23B, and MFSF Catch Area 25A outside of the Discovery Bay Shrimp District.	Open immediately, until further notice.
	Subarea 23A West	Open immediately, until further notice.
	MFSF Catch Area 23C	Open immediately, until further notice.
	MFSF Catch Area 29	Open immediately, until further notice.

(b) Non-spot shrimp beam trawl harvest is permitted starting one hour before official sunrise in the areas detailed below contingent on the harvester bringing an on-board observer on the first trip of the area. If by-catch sampling criteria are not met these areas will open on the later dates described in WAC 220-340-530 (5d,e).

	Geographic Area Description ((WAC 220-320-140(3); WAC 220-320-120)	Open period
	Those waters within the Rosario Box.	May 1, 2023
	Those waters of Catch Area 22A within subregion 1B, excluding the Rosario Box and South Lopez Sound.	May 16, 2023
	Those waters of Catch Area 20B within subregion 1B.	May 16, 2023

(c) Non-spot shrimp beam trawl harvest is not permitted in the areas of Shrimp Management Regions 1 and 3 detailed below.

	Geographic Area Description (WAC 220-320-140(3); WAC 220-320-120)
	Discovery Bay Shrimp District
	Sequim Bay CSMA
	MFSF Catch Area 23D
	Subregion 1A

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:

Commercial shrimp trawl fishery—Puget Sound (23-62).