[Order 24-106—Filed June 24, 2024, 1:57 p.m., effective June 28, 2024]

Effective Date of Rule: June 28, 2024.

Purpose: The purpose of this emergency rule is to open recreational shrimp seasons in Marine Areas 8-1, 8-2, 10, and 12.

Citation of Rules Affected by this Order: Repealing WAC 220-330-07000Y; 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: 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 to recreational seasons previously scheduled in WSR 24-09-024 (filed April 9, 2024), WSR 24-12-030 (filed May 28, 2024), and WSR 24-13-035 (filed June 10, 2024), this emergency rules opens all-species shrimp seasons in Marine Areas 8-1 and 8-2, and the Elliott Bay portion of Marine Area 10 on July 10; and in Marine Area 12 on June 28. This rule is needed to ensure an orderly fishery, manage the fishery within court-ordered sharing requirements, and meet conservation objectives. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 24, 2024.

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

Notwithstanding the provisions of WAC 220-330-070, effective June 28, 2024, 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 daily, 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 June 28 through June 30, and July 12 through July 15 for all shrimp species.

(3) Marine Area 7 East: Open daily through October 15 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 Area 7 West: Open from 1 hour before official sunrise to 1 hour after official sunset June 28 through 30 and July 12 through 14 for all shrimp species.

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

(a) Open July 10 from 9:00 a.m. through 3:00 p.m. for all shrimp species.

(b) Divers may take shrimp by hand or hand-held device from 7:00 p.m. until midnight on July 10 in Marine Area 8-2.

(6) Marine Area 10 east of a line from West Point to Alki Point (inside Elliott Bay): Open July 10 from 9:00 a.m. through 3:00 p.m. for all shrimp species.

(7) Marine Area 11: Open daily through October 15 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.

(8) Marine Area 12: Open June 28 from 9:00 a.m. through 1:00 p.m. for all shrimp species.

(9) Marine Area 13: Open daily through October 15 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.

The following section of Washington Administrative Code is repealed, effective June 28, 2024:

Shrimp—Areas and seasons. (24-93)