WSR 17-20-023
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 17-262—Filed September 26, 2017, 2:56 p.m., effective September 30, 2017, 6:00 p.m.]
Effective Date of Rule: September 30, 2017, 6:00 p.m.
Purpose: Amend commercial shrimp rules in Puget Sound.
Citation of Rules Affected by this Order: Repealing WAC 220-340-52000L and 220-340-52000M; 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 2017 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) closes the shrimp trawl fishery in Shrimp Management Area 3; and (2) closes the remaining shrimp pot and trawl fisheries in all areas for the 2017 season on October 16. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 2.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 26, 2017.
J. W. Unsworth
Director
NEW SECTION
WAC 220-340-52000M Puget 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) All waters of Shrimp Management Areas 2W and 3 are open to the harvest of all shrimp species except spot shrimp, effective immediately until further notice, except as provided for in this section:
(i) All waters of the Discovery Bay Shrimp District are closed.
(b) It is unlawful to pull shellfish pots in more than one catch area per day.
(2) Shrimp trawl gear:
(a) That portion of Catch Area 22A within SMA 1B is open.
(b) That portion of Catch Area 20B within SMA 1B is open.
(c) That portion of Catch Area 21A within SMA 1B is open.
(d) Catch Area 20A is open.
(3) All shrimp taken under this section must be sold to licensed Washington wholesale fish dealers.
REPEALER
The following section of the Washington Administrative Code is repealed effective 6:00 p.m. September 30, 2017:
WAC 220-340-52000L
Puget Sound shrimp pot and beam trawl fisherySeason. (17-243)
The following section of the Washington Administrative Code is repealed effective October 16, 2017:
WAC 220-340-52000M
Puget Sound shrimp pot and beam trawl fisherySeason.