WSR 99-01-154

PERMANENT RULES

DEPARTMENT OF

FISH AND WILDLIFE

[Order 98-257--Filed December 22, 1998, 3:53 p.m.]



Date of Adoption: December 16, 1998.

Purpose: Amend commercial fishing rules.

Citation of Existing Rules Affected by this Order: Amending WAC 220-52-050.

Statutory Authority for Adoption: RCW 75.08.080.

Adopted under notice filed as WSR 98-21-091 on October 21, 1998.

Changes Other than Editing from Proposed to Adopted Version: 1. WAC 220-88B-030 (1) and (2) - added, ", and that coastal spot shrimp were landed from the vessel during 1996, 1997 or 1998." This additional eligibility requirement, together with the minimum landing requirement, establishes that fishers show a commitment and dependency in the fishery. Substantial landings and recent landings will ensure participation by persons who have a greater financial dependence on continued participation than persons who made minimal landing or who have not participated in the fishery in recent years.

2. Added allowance for fishers who fished off Washington but landed into Oregon, provided the fish tickets were received by ODFW no later than April 15, 1998. This criteria will allow between one and three additional boats in, but the Oregon Developing Fishery Board has committed that if we allow for Oregon landings, they will prohibit Oregon fishers who are not licensed in Washington to fish in the EEZ off Washington. This will allow Washington licensed fishers access to the approximately 100,000 pounds that were landed into Oregon in 1998.

3. Replacement fisher language clarified such that the offer will be made first to the fisher with the largest landings during the qualifying period, and next to persons who fished outside the qualifying period.

4. Codified the total allowable catch at 250,000 to be equally divided, except the catch may be reallocated if the gear group is unlikely to take their portion.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 5, amended 1, repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.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

Effective Date of Rule: Thirty-one days after filing.

December 21, 1998

Larry W. Peck

Acting Director

OTS-2617.2

AMENDATORY SECTION (Amending Order 94-23, filed 5/19/94, effective 6/19/94)



WAC 220-52-050  Shrimp fishery--Coastal waters. It is unlawful to fish for ((or)), possess or deliver shrimp taken for commercial purposes from ((coastal)) Washington territorial waters west of the Bonilla-Tatoosh line or waters of the Exclusive Economic Zone except as provided for in this section:

(((1) Trawl gear:

(a) Season - Open to trawl fishing April 1 through October 31 of each year.

(b) Gear restrictions - The following gear is prohibited:

(i) Shrimp trawl gear having a mesh size greater than two inches in the intermediate or codend. It is lawful to have mesh larger than two inches in the wings or body of the trawl.

(ii) It is unlawful for any fisherman to be in possession of any gear having mesh size greater than two inches in the intermediate or codend while any shrimp are aboard the vessel.

(c) Species restriction - It is unlawful to retain ocean pink shrimp taken within the territorial boundaries of the state.

(d) Licensing:

(i) A shrimp trawl--non-Puget Sound fishery license is a license required to operate the gear provided for in this section, and allows the operator to retain shrimp other than ocean pink shrimp.

(ii) An ocean pink shrimp delivery license is a license required to operate the gear provided for in this section, and allows the operator to retain shrimp taken in offshore waters.

(2) Shellfish pot gear:

(a) Season - Open to shellfish pot gear fishing the entire year.

(b) Gear restrictions - No mesh restriction.

(c) Species restriction - It is unlawful to retain ocean pink shrimp taken within the territorial boundaries of the state.

(d) Licensing:

(i) A shellfish pot fishery license is a license required to operate the gear provided for in this section, and allows the operator to retain shrimp other than ocean pink shrimp.

(ii) An ocean pink shrimp delivery license is a license required to operate the gear provided for in this section, and allows the operator to retain shrimp taken in offshore waters.

(3) Minimum number of shrimp per pound:

The count must average no more than 160 shrimp per pound for a minimum of two samples increasing at a rate of one sample per one thousand pounds landed or in possession up to a maximum requirement of twenty samples. Such samples shall consist of at least one pound each of whole unbroken shrimp taken at random from throughout the individual load landed or in possession. This subsection applies only to loads of 3,000 pounds of shrimp or more.

(4) Incidental catch:

(a) It is unlawful to take salmon incidental to any shrimp fishery.

(b) It is unlawful to retain more than 1,500 pounds per fishing day of any bottomfish species taken incidental to a shrimp trawl fishery in which ocean pink shrimp comprise more than one-half of the volume of shrimp aboard. It is unlawful to retain more than 1,000 pounds per fishing day of any bottomfish species taken incidental to a shrimp trawl fishery in which spot prawns comprise more than one-half of the volume of shrimp aboard. If a species or species complex trip limit established under WAC 220-44-050 is less than 1,500 pounds or 1,000 pounds respectively, it is unlawful to land in excess of that trip limit.

(c) It is unlawful to retain any species of shellfish taken incidental to any lawful shrimp fishery, except that it is lawful to retain octopus and squid.)) (1) Ocean pink shrimp fishery:

(a) The open season for trawl gear is April 1 through October 31 of each year.

(b) The following gear is prohibited: Trawl gear having a net mesh size greater than two inches in the intermediate or codend, except for net mesh used in fish excluder devices. It is lawful to have net mesh larger than two inches in the wings or body of the trawl.

(c) Minimum number of shrimp per pound: The count per pound must average no more than 160 shrimp per pound for a minimum of two samples increasing at a rate of one sample per one thousand pounds landed or in possession up to a maximum requirement of twenty samples. Such samples shall consists of at least one pound of each of whole unbroken shrimp taken at random from throughout the individual load landed or in possession. This shall apply only to loads of 3,000 pounds of shrimp or more.

(d) Incidental catch-finfish: It is unlawful to take salmon incidental to any shrimp fishery. It is unlawful to retain any bottomfish species taken incidental to shrimp trawl fishery except as provided for in WAC 220-44-050.

(e) Incidental catch-shellfish:

(i) It is unlawful to retain any species of shellfish except that it is lawful to retain up to 50 pounds round weight of other shrimp species taken incidentally in the ocean pink shrimp fishery, or octopus or squid.

(ii) It is unlawful to retain ocean pink shrimp taken within the territorial boundaries of the state.

(f) An ocean pink shrimp delivery license is the license required to operate the gear provided for in this section, and allows the operator to retain shrimp taken in offshore waters.

(2) Ocean spot shrimp fishery: The spot shrimp fishery shall be governed by chapter 220-88B WAC.

(3) Fisheries for shrimp species other than ocean pink shrimp or ocean spot shrimp: Species other than ocean pink shrimp and ocean spot shrimp may only be taken incidentally to the ocean pink shrimp and ocean spot shrimp fisheries.



[Statutory Authority: RCW 75.08.080. 94-12-009 (Order 94-23), 220-52-050, filed 5/19/94, effective 6/19/94; 93-15-051, 220-52-050, filed 7/14/93, effective 8/14/93; 87-23-006 (Order 87-187), 220-52-050, filed 11/6/87; 84-08-014 (Order 84-24), 220-52-050, filed 3/27/84; 83-04-025 (Order 83-04), 220-52-050, filed 1/27/83; 82-03-045 (Order 82-6), 220-52-050, filed 1/19/82; 80-13-064 (Order 80-123), 220-52-050, filed 9/17/80; 79-02-053 (Order 79-6), 220-52-050, filed 1/30/79; Order 76-152, 220-52-050, filed 12/17/76; Order 76-26, 220-52-050, filed 1:45 p.m., 4/20/76; Order 1242, 220-52-050, filed 8/7/75, effective 9/16/75; Order 1179, 220-52-050, filed 11/19/74; Order 1112, 220-52-050, filed 4/15/74; Order 945, 220-52-050, filed 8/16/71; Order 807, 220-52-050, filed 1/2/69, effective 2/1/69; subsections 1, 5, 6 from Orders 414 and 256, filed 3/1/60; subsection 2 from Orders 420 and 256, filed 3/1/60; subsection 3 from Order 525, filed 5/3/61; Orders 414 and 256, filed 3/1/60; subsection 7 from Order 525, filed 5/3/61.]

OTS-2621.5

NEW SECTION



WAC 220-88B-010  Emerging commercial fishery--Coastal--Purpose. The purpose of this chapter is to establish the coastal spot shrimp pot and coastal spot shrimp trawl fisheries as emerging commercial fisheries, specify the qualification for obtaining experimental fishery permits to participate in these fisheries, limit the transferability of fishery permits, and to set time, place, and manner for participation in these fisheries.



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NEW SECTION



WAC 220-88B-020  Designation of the coastal spot shrimp pot fishery and coastal shrimp trawl as emerging commercial fisheries. (1) The director designates the coastal spot shrimp pot fishery as an emerging commercial fishery for which use of a vessel is required. It is unlawful to fish for, possess, or deliver spot shrimp taken for commercial purposes from Washington territorial waters west of the Bonilla-Tatoosh line or from waters of the Exclusive Economic Zone unless the owner of the vessel has a valid emerging commercial fishery license and a valid coastal spot shrimp pot experimental fishery permit.

(2) The director designates the coastal spot shrimp trawl fishery as an emerging commercial fishery for which a vessel is required. It is unlawful to fish for, possess, or deliver spot shrimp taken for commercial purposes from Washington territorial waters west of the Bonilla-Tatoosh line or from waters of the Exclusive Economic Zone unless the owner of the vessel has a valid emerging commercial fishery license and a valid coastal spot shrimp trawl experimental fishery permit.

(3) After January 1, 1999, the following licenses may not be used to fish for, possess, or deliver spot shrimp taken in Washington territorial waters west of the Bonilla-Tatoosh line or waters of the Exclusive Economic Zone: Shellfish pot fishery license, nonlimited entry delivery license, salmon troll delivery license, salmon delivery license, crab pot fishery license, Dungeness crab--coastal fishery license.



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NEW SECTION



WAC 220-88B-030  Emerging commercial fishery--Eligibility for coastal experimental fishery permits--Terms and conditions of use--Renewal. (1) A 1999 coastal spot shrimp pot experimental fishery permit will be issued to a natural person who is the owner of a vessel that can prove by means of valid Washington fish receiving tickets that at least 1,000 round pounds of spot shrimp were taken from waters of the Pacific Ocean between 46.15.00' and 48.28.00" N. latitude with shellfish pot gear and delivered from that vessel during the period January 1, 1992, through March 30, 1998, and that coastal spot shrimp were landed from the vessel during 1996, 1997 or 1998. In order for a fish receiving ticket to be valid it must have been received by the department no later than April 15, 1998. Valid Oregon fish receiving tickets may be used to meet the qualifying criteria for issuance of a coastal spot shrimp pot experimental fishery permit specified in this subsection, provided that reasonable proof is presented to the department that the spot shrimp were taken from waters of the Pacific Ocean adjacent to the state of Washington prior to March 30, 1998, and the fish receiving tickets were received by the Oregon department of fish and wildlife no later than April 15, 1998.

(2) A 1999 coastal spot shrimp trawl experimental fishery permit will be issued to a natural person who is the owner of a vessel that can prove by means of valid Washington fish receiving tickets that at least 10,000 round pounds of spot shrimp were taken from waters of the Pacific Ocean between 46.15.00' and 48.28.00" N. latitude with trawl gear and delivered from that vessel during the period from January 1, 1992, through March 30, 1998, and that coastal spot shrimp were landed from the vessel during 1996, 1997 or 1998. In order for a fish receiving ticket to be valid it must have been received by the department no later than April 15, 1998. Valid Oregon fish receiving tickets may be used to meet the qualifying criteria for issuance of a coastal spot trawl experimental fishery permit specified in this subsection, provided that reasonable proof is presented to the department that the spot shrimp were taken from waters of the Pacific Ocean adjacent to the state of Washington prior to March 30, 1998, and the fish receiving tickets were received by the Oregon department of fish and wildlife no later than April 15, 1998.

(3) For purposes of this section, landings of spot shrimp reported as "tails" on fish receiving tickets will be converted to round pounds by multiplying the reported weight of tails by two.

(4) In the event the owner has replaced a vessel that was used during the qualifying period, the landings from the original and replacement vessels may be combined for purposes of achieving the minimum landing requirement during the qualifying period.

(5) No individual may hold more than one Washington coastal spot shrimp experimental fishery permit.

(6) Coastal spot shrimp experimental fishery permits are not transferable. Only the vessel designated in the emerging commercial fishery license and coastal spot shrimp experimental fishery permit may be used to fish for or deliver spot shrimp.

(7) After 1999, a coastal spot shrimp pot experimental fishery permit or a coastal spot shrimp trawl experimental fishery permit will be issued only to the person who:

(a) Held such a permit the previous year; and

(b) Beginning January 1, 2001, can demonstrate by valid Washington fish receiving tickets that at least 1,000 cumulative round weight pounds of spot shrimp taken from waters of the Pacific Ocean adjacent to the state of Washington were landed from the person's vessel during the previous two calendar years.

(8) The director may convert coastal spot shrimp experimental trawl fishery permits to coastal spot shrimp experimental pot fishery permits.

(9) Coastal spot shrimp experimental fishery permits may be revoked by the director for failure to comply with conditions specified in the permits or violations of other fishing regulations. A coastal spot shrimp experimental fishery permit shall be revoked if the emerging commercial fishery license is revoked or future fishing privileges of the licensee are suspended.

(10) The director may issue a coastal spot shrimp experimental fishery permit to another person if a permittee fails to make the requisite landings, if the person's experimental coastal spot shrimp experimental fishery permit is revoked, or if no application for an emerging commercial fishery license is received by March 31st of each year. The total number of permits issued, including replacement permits, shall not exceed the number of permits issued in 1999. Selection of persons to receive replacement permits shall be by gear type, and replacement permits will be offered in descending order first to persons who made the largest total of Washington coastal spot shrimp landings in each gear type during the qualifying period, and then in descending order to persons who made the largest total of Washington coastal spot shrimp landings in each gear type. If no persons with coastal spot shrimp landings wish to participate, the director may offer a replacement permit by random drawing.

(11) Coastal spot shrimp experimental fishery permits are only valid for the year issued and expire on December 31st of the year issued with the expiration of the emerging commercial fishery license.

(12) The total allowable catch of spot shrimp taken from Washington territorial waters west of the Bonilla-Tatoosh line and from adjacent waters of the Pacific Ocean during a calendar year is 250,000 pounds round weight, and shall be equally divided between trawl and pot gear fishers, provided that the allowable catch may be reallocated between gear types if the allowable catch of a gear type is unlikely to be taken during the calendar year.



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NEW SECTION



WAC 220-88B-040  Coastal spot shrimp pot experimental fishery--Season and gear--Species restriction. It is unlawful to fish for spot shrimp for commercial purposes in coastal and offshore waters using shellfish pot gear except as provided in this section:

(1) Season - Open to shellfish pot gear the entire year.

(2) Gear restrictions:

(a) Maximum of 500 shellfish pots per permit.

(b) Effective January 1, 2001, pot size is limited to a maximum 153 inch bottom perimeter and a maximum 24 inch height.

(c) Effective January 1, 2001, shrimp pot gear must be constructed with net webbing or rigid mesh, and at least 50 percent of the net webbing or mesh covering the sides of the pot must easily allow passage of a seven-eighths inch diameter dowel.

(d) Pot gear is required to have an escape mechanism as provided for in WAC 220-52-035.

(e) Groundline end marker buoys must be floating and visible on the surface of the water, equipped with a pole, flag, radar reflector and operating light, and marked with the clear identification of the permittee.

(3) Incidental catch: It is unlawful to retain any species of finfish or shellfish, except that it is lawful to retain octopus, squid, and up to 50 pounds round weight of other shrimp species taken with shrimp pot gear.



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NEW SECTION



WAC 220-88B-050  Coastal spot shrimp trawl experimental fishery--Season and gear--Trawl gear restriction-pot gear restriction--Species restriction. It is unlawful to fish for spot shrimp for commercial purposes in coastal and offshore waters using trawl gear except as provided for in this section:

(1) Season - Open to trawl gear May 1 through November 30.

(2) Gear:

(a) Fish excluder devices required.

(b) Single-layered codends only, minimum mesh one and one-half inches measured between adjacent knots. Effective January 1, 2001, minimum mesh size is two inches measured between adjacent knots.

(c) Chafing gear may encircle no more than 50 percent of the circumference of the net codend and the terminal end of chafing gear may not be attached to the codend except at the corners.

(d) Trawl gear may not be rigged such that tickler chains, or any other gear drags across the bottom in front of the mouth of the net; each roller, bobbin, disc, or similar device added to the footrope of the trawl net that is intended to make contact with the sea bottom may not be less than eight inches nor more than twenty-eight inches in diameter and must roll independently and freely.

(3) Spot shrimp pot gear may not be aboard any vessel designated in the coastal spot shrimp trawl experimental fishery.

(4) Incidental catch:

(a) It is unlawful to retain more than 50 pounds round weight of other shrimp species. It is lawful to retain octopus and squid.

(b) It is unlawful to retain salmon.

(c) It is unlawful to retain any bottomfish species except as provided for in WAC 220-44-050.



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