PERMANENT RULES
FISH AND WILDLIFE
Date of Adoption: August 2, 2003.
Purpose: Amend coastal spot shrimp rules.
Citation of Existing Rules Affected by this Order: Repealing WAC 220-88B-050; and amending WAC 220-88B-010, 220-88B-020, and 220-88B-030.
Statutory Authority for Adoption: RCW 77.12.047.
Adopted under notice filed as WSR 03-13-030 on June 10, 2003.
Changes Other than Editing from Proposed to Adopted Version: Add subsection (4) from WAC 220-88B-050 as new subsection (10) to WAC 220-88B-030.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 3, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.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Repealed 0;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Repealed 0;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Repealed 0.
Effective Date of Rule:
Thirty-one days after filing.
August 7, 2003
J. P. Koenings
Director
by Larry Peck
OTS-6418.5
AMENDATORY SECTION(Amending Order 98-257, filed 12/22/98,
effective 1/22/99)
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)) fishery as an emerging commercial
((fisheries, specify the qualification for obtaining
experimental fishery permits to participate in these
fisheries, limit the transferability of fishery permits))
fishery, and to set time, place, and manner for participation
in ((these fisheries)) this fishery.
[Statutory Authority: RCW 75.08.080. 99-01-154 (Order 98-257), § 220-88B-010, filed 12/22/98, effective 1/22/99.]
(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.
[Statutory Authority: RCW 75.08.080. 99-01-154 (Order 98-257), § 220-88B-020, filed 12/22/98, effective 1/22/99.]
(2) Coastal spot shrimp experimental fishery permits are
not transferable. Only the vessel designated ((in)) on the
emerging commercial fishery license and coastal spot shrimp
experimental fishery permit may be used to fish for or deliver
spot shrimp.
(3) A coastal spot shrimp experimental fishery permit
will be issued only to ((the)) a natural 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 designated vessel or
vessels during the previous two calendar years. 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) ((Effective January 1, 2003, all coastal spot shrimp
experimental trawl fishery permits shall be converted to
coastal spot shrimp experimental pot fishery permits.
(5))) Coastal spot shrimp experimental fishery permits
may be revoked by the director, and future permits denied 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)) will
not be ((revoked)) renewed if the emerging commercial fishery
license is revoked or future fishing privileges of the
licensee are suspended.
(((6))) (5) 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))
fifteen. Selection of persons to receive replacement permits
shall be by gear or gear replacement 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 original 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.
(((7))) (6) 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.
(((8))) (7) 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
provided that not more than 100,000 pounds may be taken south
of 47°04.00' N. latitude.
(((9) The allowable catch shall be equally divided
between trawl and pot gear permits in 2002, except that the
allowable catch may be reallocated between gear types if the
allowable catch of a gear type is unlikely to be taken during
that year.)) (8) Beginning January 1, 2003, through December
31, 2005, the allowable catch shall be allocated as follows:
175,000 pounds available to all permit holders and 75,000
pounds available to fishers who were converted from trawl to
pot permits. Beginning January 1, 2006, the allowable catch
is available to all permit holders.
(9) Vessel restriction: A coastal spot shrimp experimental fishery permit will not be issued to a person who designates a vessel greater than ten feet longer than the vessel designated as of March 31, 2003, provided that if the vessel designated as of March 31, 2003, is ten or more feet greater than the vessel used by the person to initially qualify for a coastal spot shrimp experimental fishery permit, the person may not designate a vessel greater in length than the vessel designated as of March 31, 2003.
(10) 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.
[Statutory Authority: RCW 77.12.047. 02-02-050 (Order 01-287), § 220-88B-030, filed 12/27/01, effective 1/27/02; 00-17-107 (Order 00-152), § 220-88B-030, filed 8/16/00, effective 9/16/00. Statutory Authority: RCW 75.08.080. 99-01-154 (Order 98-257), § 220-88B-030, filed 12/22/98, effective 1/22/99.]
The following section of the Washington Administrative Code is repealed:
| WAC 220-88B-050 | Coastal spot shrimp trawl experimental fishery -- Season and gear -- Trawl gear restriction-pot gear restriction -- Species restriction. |