WSR 99-21-023

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 99-182-- Filed October 13, 1999, 8:52 a.m. ]

Date of Adoption: October 11, 1999.

Purpose: Commercial fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-88A-07000Y and 220-88A-08000Z; and amending WAC 220-88A-070 and 220-88A-080.

Statutory Authority for Adoption: RCW 75.08.080.

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 reopening is possible because the tribes have agreed to release a portion of their unused harvest share from Marine Fish-Shellfish Management and Catch Reporting Areas 23A and 23B. These rules are necessary to implement the 1999 state/tribal Puget Sound shrimp harvest management plan and meet all allocation requirements under Subproceeding 89-3 in United States v. Washington. These rules will allow for a sharing of catch between treaty and nontreaty shrimp fishers. There is insufficient time to promulgate 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 2, Amended 0, Repealed 2.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0. Effective Date of Rule: Immediately.

October 11, 1999

Jeff P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 220-88A-07000Z
Puget Sound shrimp pot fishery--Reopens 23B

Notwithstanding the provisions of WAC 220-88A-070, effective immediately until further notice it is unlawful to fish for shrimp for commercial purposes in Puget Sound using shellfish pot gear except as provided for in this section:

(1) The following waters are open through 11:59 p.m., October 15, 1999:

(a) Waters of Marine Fish-Shellfish Management and Catch Reporting Area 20B east of a line from Point Doughty to the bell buoy at the international boundary due north of Waldron Island and waters of Marine Fish-Shellfish Management and Catch Reporting Area 22A east of lines from Steep Point on Orcas Island to Neck Point on Shaw Island and the southernmost point of land on Shaw Island to the western entrance to Fisherman's Bay on Lopez Island.

(b) Waters of Marine Fish-Shellfish Management and Catch Reporting Areas 20A, 21A, 21B, 22B, 23A, 23B, 23C, 23D, 24A, 24B, 24C, 24D, 25A, 25B, 25D, 25E, 26A, 26B, 26C, 26D, 28A, 28B, 28C and 28D.

(c) The following areas are closed to the harvest of spot shrimp:

(i) Waters of Marine Fish-Shellfish Management and Catch Reporting Area 20B east of a line from Point Doughty to the bell buoy at the international boundary due north of Waldron Island and waters of Marine Fish-Shellfish Management and Catch Reporting Area 22A east of lines from Steep Point on Orcas Island to Neck Point on Shaw Island and the southernmost point of land on Shaw Island to the western entrance to Fisherman's Bay on Lopez Island.

(ii) Marine Fish-Shellfish Management and Catch Reporting Areas 20A, 21A, 21B, 22B, 24A, 24B, 24C, 24D, 25A, 25B, 25D, 25E, 26A, 26B and 26C.

(iii) Waters of Marine Fish-Shellfish Management and Catch Reporting Area 23A west of a line projected 335 degrees true from the Dungeness lighthouse.

(d) Notwithstanding the provisions of this subsection, all closures provided for in WAC 220-88A-060 remain in effect.

(2) It is unlawful to set or pull shellfish pot gear from one hour after official sunset until one hour before official sunrise.

(3) It is unlawful for the combined total harvest of spot shrimp by a fisher and/or the fisher's alternate operator to exceed 300 pounds per week from Crustacean Management Regions 4 or 6. The spot shrimp trip limit accounting week is Monday through Sunday.

(4) It is unlawful to fish for shrimp for commercial purposes in Puget Sound using shellfish pot gear in more than one Marine Fish-Shellfish Management and Catch Reporting Area per day.

(5) It is unlawful to set or pull shellfish pots in one Marine Fish-Shellfish Catch Reporting Area while in possession of shrimp harvested from another Marine Fish-Shellfish Catch Reporting Area.

(6) All shrimp taken under this section must be sold to licensed Washington wholesale fish dealers. No fisher may land shrimp without immediate delivery to a licensed wholesale dealer or, if transferred at sea, without transfer to a licensed wholesale dealer.

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REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 220-88A-07000Y Emerging commercial fishery-Puget Sound shrimp pot (99-151)

NEW SECTION
WAC 220-88A-08000A
Emerging commercial fishery--Puget Sound shrimp beam trawl fishery--Seasons and gear--Reopens the western portion of 23A.

Notwithstanding the provisions of WAC 220-88A-080, effective immediately until further notice is unlawful to fish for shrimp withe beam trawl gear in Puget Sound except as provided for in this section:

(1) The following waters are open until 11:59 p.m., October 15, 1999:

(a) Waters of Marine Fish-Shellfish Management and Catch Reporting Area 20A west of a line from the southwest corner of Point Roberts to Sandy Point and deeper than 20 fathoms.

(b) Marine Fish-Shellfish Management and Catch Reporting Areas 20B, 21A, 21B, 22A, 22B, 23C, 23D and 29.

(c) Waters of Marine Fish Shellfish Management and Catch Reporting Area 23A west of a line projected due north from the Dungeness lighthouse.

(d) Notwithstanding the provisions of this subsection, all closures provided for in WAC 220-88A-060 remain in effect.

(2) It is unlawful to trawl for shrimp from one hour after official sunset to one hour before official sunrise.

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Reviser's note: The spelling error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 220-88A-08000Z Emerging commercial fishery--Puget Sound shrimp beam trawl fishery--Seasons and gear. (99-132)

Washington State Code Reviser's Office