[Order 19-70—Filed April 10, 2019, 8:57 a.m., effective April 10, 2019, 8:57 a.m.]

Effective Date of Rule: Immediately upon filing.

Purpose: Amend recreational shrimp rules for Puget Sound.

Citation of Rules Affected by this Order: Repealing WAC 220-330-07000M; 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: This regulation is needed to ensure an orderly fishery, manage the fishery within court-ordered sharing requirements, and ensure conservation. Harvestable amounts of spot shrimp are available, but only enough recreational shares exist for a limited number of open days in the marine areas listed in this section. In addition, this emergency regulation opens the Marine Area 4, 5, 6 and 7 seasons one hour before sunrise to one hour after sunset, which is the default daily start time and times for those areas. Marine Area 13 will remain closed for spot shrimp for conservation reasons. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: April 9, 2019.

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

Notwithstanding the provisions of WAC 220-330-070, effective immediately through June 2, 2019, 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 May 11 through June 2.

(2) Marine Areas 7 South:

a. Open May 11 through May 12;

b. Open May 16 through May 19;

c. Open May 23 through May 24.

(3) Marine Areas 7 East:

a. Open May 11 through May 12;

b. Open May 16 through May 19;

c. Open May 23 through May 26;

d. Open May 30 through June 2.

(4) Marine Areas 6 (excluding the Discovery Bay Shrimp District) and 7 West:

a. Open May 11 through May 12;

b. Open May 16 through May 19;

c. Open May 23 through May 26;

d. Open May 30 through June 2.

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

a. Open May 11 from 7:00 a.m. through 1:00 p.m., and May 15 from 7:00 a.m. through 1:00 p.m.

b. Divers may take shrimp by hand or hand-held device from 7:00 p.m. until midnight on those open days in Marine Area 8-2.

(6) Marine Area 9: Open May 11 from 7:00 a.m. through 11:00 a.m. and May 15 from 7:00 a.m. through 11:00 a.m.

(7) Marine Area 10 west of a line from West Point to Alki Point: Open May 11 from 7:00 a.m. through 11:00 a.m.

(8) Marine Area 10 east of a line from West Point to Alki Point: Open May 11 from 7:00 a.m. through 1:00 p.m.

(9) Marine Area 11: Open May 11 from 7:00 a.m. through 1:00 p.m.

(10) Marine Area 12: Open May 11, 15, 29 and June 1 from 9:00 a.m. through 1:00 p.m.

(11) Discovery Bay Shrimp District: Open May 11, 15, 29 and June 1 from 9:00 a.m. through 3:00 p.m.

(12) Marine Area 13: CLOSED

The following section of the Washington Administrative Code is repealed effective 8:00 p.m. June 2, 2019:

Shrimp—Areas and seasons.