WSR 20-13-058
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 20-109—Filed June 15, 2020, 10:14 a.m., effective June 18, 2020]
Effective Date of Rule: June 18, 2020.
Purpose: This rule is needed to increase the daily limit of spot shrimp in Marine Area 6 to offset lost recreational opportunity during the month of May due to the COVID-19 situation.
Citation of Rules Affected by this Order: Amending WAC 220-330-010.
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: Do [Due] to COVID-19 related closures, out of an abundance of caution and through coordination with local and state health officials, recreational shrimp fisheries were opened later than originally planned, including the shrimp fishery in Marine Area 6. This fishery typically opens in early May. This year it didn't open until May 28 due to the COVID-19 situation. The expansion of daily limits will offset some of the missed opportunity during much of the month of May. The recreational share of the harvestable shrimp quota in Marine Area 6 is sufficient to support an increase in the daily limit while ensuring that the fishery remains within the bounds of court ordered sharing requirements and meets 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 12, 2020.
Kelly Susewind
Director
NEW SECTION
WAC 220-330-01000KShellfishDaily limits.
Effective June 18, 2020 and until further notice or until this rule expires on October 10, 2020 the provisions of WAC 220-330-010 (9)(b) regarding shrimp daily limits for Marine Area 6 (excluding the Discovery Bay Shrimp District) shall be modified as described below. All other provisions of WAC 220-330-010 (9)(b) not addressed herein remain in effect unless otherwise amended by emergency rule:
Marine Area 6 (excluding the Discovery Bay Shrimp District): During open periods, daily shrimp limit is total weight 10 pounds, maximum 120 spot shrimp as part of the 10-pound limit.