[Order 24-171—Filed September 3, 2024, 8:59 a.m., effective September 3, 2024, 8:59 a.m.]

Effective Date of Rule: Immediately upon filing.

Purpose: This emergency rule closes Marine Fish/Shellfish Catch Areas 21A and 22A, and all shrimp trawl subareas within, in shrimp management Subregion 1B to commercial shrimp trawl harvest.

Citation of Rules Affected by this Order: Repealing WAC 220-340-53000D; and amending WAC 220-340-530.

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 the adoption of harvest seasons contained in this emergency rule. This emergency rule is necessary to prosecute state commercial shrimp trawl fisheries in Puget Sound. This rule closes a quota area to commercial harvest following the projected attainment of the available harvest. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: September 3, 2024.

WAC 220-340-53000ECommercial shrimp trawl fishery—Puget Sound.

Notwithstanding the provisions of WAC 220-340-530, effective immediately until further notice, 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°)	Immediately, through October 15, 2024.
Those waters within the Lummi-Sinclair Triangle.	Immediately, through September 4, 2024.
Those waters of South Lopez Sound.	Immediately, through September 4, 2024.
All waters within subregion 1B, excluding those waters of South Lopez Sound, the Lummi-Sinclair Triangle, and Catch Area 20B.	Immediately, through October 15, 2024.
Subarea 23A East, MFSF Catch Areas 23B, and MFSF Catch Area 25A outside of the Discovery Bay Shrimp District.	Immediately, through September 30, 2024.
Subarea 23A West	Immediately, through September 30, 2024.
MFSF Catch Area 23C	Immediately, through September 30, 2024.
MFSF Catch Area 29	Immediately, through September 30, 2024.

(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 a WDFW 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 (5)(d) and (5)(e).

Geographic Area Description ((WAC 220-320-140(3); WAC 220-320-120)	Open period
Those waters within the Rosario Box.	Immediately, through September 4, 2024.
Those waters of Catch Area 22A within subregion 1B, excluding the Rosario Box and South Lopez Sound.	Immediately, through September 4, 2024.
Those waters of Catch Area 20B within subregion 1B.	Closed.

(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, effective immediately:

Commercial shrimp trawl fishery—Puget Sound. (24-160)