[Order 24-121—Filed July 5, 2024, 2:50 p.m., effective July 6, 2024]

Effective Date of Rule: July 6, 2024.

Purpose: Updates Puget Sound recreational shrimping rules.

Citation of Rules Affected by this Order: Repealing WAC 220-330-07000Z; 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 in Marine Areas 8-1, 8-2, and the portion of 10 east of a line from West Point to Alki Point, but recreational shares will only support a limited number of open days in the marine areas listed in this section. As an addition to recreational seasons previously scheduled in WSR 24-09-024 (filed April 9, 2024), 24-12-030 (filed May 28, 2024), 24-13-035 (filed June 10, 2024), and 24-14-021 (filed June 14, 2024), this emergency rule opens nonspot shrimp seasons in Marine Area 6 outside Discovery Bay and Marine Areas 8-1, 8-2, and 9 with depth restrictions. It also cancels the previously announced July 12-14 opening for all shrimp species (including spot shrimp) in Marine Area 6 outside Discovery Bay and Marine Area 7 West. These two recreational "all shrimp" seasons are now closed for the year. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: July 5, 2024.

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

Notwithstanding the provisions of WAC 220-330-070, effective July 6, 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 daily through October 15 for shrimp species other than spot shrimp with a 175-foot maximum fishing depth restriction. During this time, it is unlawful to set or pull shrimp gear in waters greater than 175 feet deep. All spot shrimp caught must be immediately returned to the water unharmed.

(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 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.

(c) Open July 11 daily through October 15 for shrimp species other than spot shrimp with a 175-foot maximum fishing depth restriction. During this time, it is unlawful to set or pull shrimp gear in waters greater than 175 feet deep. All spot shrimp caught must be immediately returned to the water unharmed.

(5) Marine Area 9: 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.

(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 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 the Washington Administrative Code is repealed, effective July 6, 2024:

Shrimp—Areas and seasons. (24-106)