[Order 18-239—Filed September 11, 2018, 3:39 p.m., effective September 11, 2018, 3:39 p.m.]

Effective Date of Rule: Immediately upon filing.

Purpose: Amends Puget Sound commercial shrimp rules.

Citation of Rules Affected by this Order: Repealing WAC 220-340-52000W; and amending WAC 220-340-520.

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: The 2018 state/tribal shrimp harvest management plans for the Strait of Juan de Fuca and Puget Sound require adoption of harvest seasons contained in this emergency rule. This emergency rule (1) opens spot shrimp for the final clean-up fishery in three subareas of SMA 3 from 8 a.m., Tuesday, 9/12 to 7 p.m., Saturday 9/15; (2) implements a nonspot and spot shrimp weekly limit for remaining open areas; (3) implements a minimum mesh size restriction for spot shrimp gear; (4) retains the opening of the 1B-21A trawl fishery season; (5) maintains the closure of SMA 3 (25A) to all shrimp trawl fishing; (6) maintains the closures of SMA 1A and SMA 3 (25A) to spot prawn harvest; (7) sets a weekly trip limit of six hundred pounds for spot shrimp in the three remaining subareas of SMA 3 (23A South, 23D), SMA 3 (23C) and SMA 3 (29); (8) sets a weekly trip limit of six hundred pounds for nonspot shrimp in SMA 1, SMA 2 East, SMA 2 West and SMA 3; and (9) maintains other previous provisions and restrictions for the nonspot trawl and pot fisheries. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 11, 2018.

WAC 220-340-52000XPuget Sound shrimp pot and trawl fishery—Season.

Notwithstanding the provisions of WAC 220-340-520, effective immediately, until further notice, it is unlawful to fish for shrimp for commercial purposes in Puget Sound except as provided for in this section:

(1) Shrimp pot gear:

(a) Non-spot shrimp are closed in all Shrimp Management Areas (SMA) with the following exceptions:

(i) Waters of Shrimp Management Area 1 (20A, 20B, 21A, 21B, 22A and 22B) are open. The total harvest for this area cannot exceed 1,690 pounds of non-spot shrimp.

(ii) Waters of Shrimp Management Area 2 East (24A, 24B, 24C, 24D and 26A East) are open. The total harvest for this area cannot exceed 1,358 pounds of non-spot shrimp.

(iii) Waters of Shrimp Management Area 2 West (25B, 25C, 25D and 26A West) are open. The total harvest for this area cannot exceed 4,473 pounds of non-spot shrimp.

(iv) Waters of Shrimp Management Area 3 (23A, 23B, 23C, 23D, 25A and 29) are open. The total harvest for this area cannot exceed 3,667 pounds of non-spot shrimp.

(b) Spot shrimp are closed in all Shrimp Management Areas (SMA) with the following exception:

(i) Waters of Shrimp Management Area 3 (23A South, 23D) are open from 8:00 AM, Wednesday, September 12, 2018 until 7:00 PM, Saturday, September 15, 2018. The total harvest for this area cannot exceed 1,367 pounds of spot shrimp.

(ii) Waters of Shrimp Management Area 3 (23C) are open from 8:00 AM, Wednesday, September 12, 2018 until 7:00 PM, Saturday, September 15, 2018. The total harvest for this area cannot exceed 1,200 pounds of spot shrimp.

(iii) Waters of Shrimp Management Area 3 (29) are open from 8:00 AM, Wednesday, September 12, 2018 until 7:00 PM, Saturday, September 15, 2018. The total harvest for this area cannot exceed 500 pounds of spot shrimp.

(c) Effective immediately, until further notice, it is unlawful for a fisher or the fisher's alternate operator to exceed 600 pounds of non-spot shrimp per weekly management period.

(d) Effective immediately, until further notice, it is unlawful for the combined total harvest of spot shrimp by a fisher or the fisher's alternate operator to exceed 600 pounds for the period 8:00 AM, Wednesday, September 12, 2018 until 7:00 PM, Saturday, September 15, 2018.

(e) The current weekly management period for shrimp is September 12 to September 18.

(f) Only pots with a minimum mesh size of 1 inch may be pulled when fishing for or retaining spot shrimp. Mesh size of 1 inch is defined as a mesh opening that a 7/8-inch square peg will pass through, excluding the entrance tunnels, except for flexible (web) mesh pots, where the mesh must be a minimum of 1 3/4-inch stretch measure. Stretch measure is defined as the distance between the inside of one knot to the outside of the opposite vertical knot of one mesh, when the mesh is stretched vertically. There is no size restriction for spot shrimp.

(g) It is unlawful to pull shellfish pots in more than one catch area per day.

(2) Shrimp trawl gear:

(a) Shrimp Management Area (SMA) 3 (not including the Discovery Bay Shrimp District, Sequim Bay and Catch Area 23D) is open, effective immediately, until further notice. Sequim Bay includes that portion of Catch Area 25A south of a line projected west from Travis Spit on the Miller Peninsula.

(b) Marine Fish Shellfish Catch Area 25A is closed to trawl activity for the season.

(d) That portion of Catch Area 20B within SMA 1B is open.

(e) That portion of Catch Area 21A within SMA 1B is open until further notice.

(3) All shrimp taken under this section must be sold to licensed Washington wholesale fish dealers.

The following section of the Washington Administrative Code is repealed:

Puget Sound shrimp pot and beam trawl fishery—Season. (18-228)