PROPOSED RULES
FISH AND WILDLIFE
Original Notice.
Preproposal statement of inquiry was filed as WSR 05-10-103, filed 5/4/05, commercial crab pot size; WSR 05-13-102, filed 6/16/05, recording delivery of spot shrimp; WSR 05-16-014, filed 7/22/05, Puget Sound shrimp rules; WSR 05-16-052, filed 7/28/05, limitation on nonstate licensed fishers; and WSR 05-16-056, filed 7/28/05, Puget Sound crab rules.
Title of Rule and Other Identifying Information: Commercial crab and shrimp rules.
Hearing Location(s): Heathman Lodge, 7801 N.E. Greenwood Drive, Vancouver, WA, on November 18-19, 2005, begins 8:00 a.m. on November 18, 2005.
Date of Intended Adoption: November 18, 2005.
Submit Written Comments to: Evan Jacoby, Rules Coordinator, 600 Capitol Way, Olympia, WA 98501-1091, e-mail jacobesj@dfw.wa.gov, fax (360) 902-2155, by November 11, 2005.
Assistance for Persons with Disabilities: Contact Susan Yeager by November 4, 2005, TTY (360) 902-2207 or (360) 902-2267.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Crab: (1) Establish crab management regions; (2) standardize commercial crab maximum pot size; (3) establish crab seasons and closed areas; (4) establish closure of Oregon coastal waters to Washington licensed fishers who do not have an Oregon license; (5) the special management areas for crab are eliminated from the permanent rule; and (6) Puget Sound crab quick reporting rules are changed. Shrimp: (A) All spot shrimp aboard delivery vessels is the [to] be recorded on fish tickets; (B) Puget Sound commercial shrimp fishery is closed at night; and (C) establish Puget Sound shrimp management areas.
Reasons Supporting Proposal: (1) Crab management regions have been instituted by emergency rule for several years, and are being adopted to more effectively manage the commercial crab harvest. (2) Standard pot size will reduce crab exploitation rate. (3) Crab seasons are proposed in order to allow for commercial harvest. Closures provide allocation among the user groups. (4) Reciprocal closures are proposed for crab fishers who are single licensed in either Washington or Oregon. This will increase the crab landings into coastal ports, benefiting coastal communities. (5) Special management areas are negotiated each year, and the boundaries are not static. (6) Reporting is now made to La Conner, and the phone number needs to be changed. (A) Catch accounting requires all shrimp taken to be accounted for, even if they are discards or weigh backs, as they are allocated among users. (B) Night closure to shrimp fishing reduces gear theft and shrimp poaching. (C) Shrimp management areas have been established by emergency rule for several seasons, and being adopted on a permanent basis to more effectively manage the shrimp resource.
Statutory Authority for Adoption: RCW 77.12.047.
Statute Being Implemented: RCW 77.12.047.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Washington Department of Fish and Wildlife, governmental.
Name of Agency Personnel Responsible for Drafting: Evan Jacoby, 1111 Washington Street, Olympia, (360) 902-2930; Implementation: Phil Anderson, (360) 902-2720 and Lew Atkins, (360) 902-2651, 1111 Washington Street, Olympia; and Enforcement: Bruce Bjork, 1111 Washington Street, Olympia, (360) 902-2373.
A small business economic impact statement has been prepared under chapter 19.85 RCW.
2. Kinds of Professional Services That a Small Business is Likely to Need in Order to Comply with Such Requirements: None.
3. Costs of Compliance for Businesses, Including Costs of Equipment, Supplies, Labor, and Increased Administrative Costs: There should be no additional costs for any of these proposals. Wholesale dealers are already using the new areas and reporting to La Conner. Spot shrimp buyers are already weighing the product, so, while additional weighing is required, all equipment needs are already in place.
4. Will Compliance with the Rule Cause Businesses to Lose Sales or Revenue? A small number of Washington-only licensed fishers who are fishing off Oregon will not be able to catch crab in these waters (approximately 250,000 pounds per year). However, this will be offset by the Oregon-only licensed fishers fishing off Washington and delivering into Oregon (approximately 1,000,000 pounds per year). The Washington fishers will have a net gain in fishing opportunity. The crab closures are currently managed by emergency rule, and allocation is unaffected.
5. Cost of Compliance for the 10% of Businesses That are the Largest Businesses Required to Comply with the Proposed Rules Using One or More of the Following as a Basis for Comparing Costs:
a. Cost per employee;
b. Cost per hour of labor; or
c. Cost per one hundred dollars of sales.
There are no new compliance costs. Fishers are not currently using oversize pots, so there is no need to purchase new gear. All of the reporting requirements for crab and shrimp reporting are in place. Additional weighing of spot shrimp aboard the delivery vessel but not to be purchased is a minor cost, as less than 5% of the harvest is not usable, even for live prawn deliveries (secondary buyers purchase the dead prawns).
6. Steps Taken by the Agency to Reduce the Costs of the Rule on Small Businesses or Reasonable Justification for Not Doing So: The department provides fish receiving tickets at no cost to wholesale dealers in order to facilitate timely reporting. The department has established a toll-free quick reporting hot line for Puget Sound crab.
7. A Description of How the Agency Will Involve Small Businesses in the Development of the Rule: The department will involve the affected industries through the Fish and Wildlife Commission public rule-making process.
8. A List of Industries That Will Be Required to Comply with the Rule: Commercial crab and shrimp fishers and fish buyers.
A copy of the statement may be obtained by contacting Evan Jacoby, 600 Capitol Way North, Olympia, WA 98501-1091, phone (360) 902-2930, fax (360) 902-2155, e-mail jacobesj@dfw.wa.gov.
A cost-benefit analysis is not required under RCW 34.05.328. These rule proposals do not affect hydraulics.
October 4, 2005
Evan Jacoby
Rules Coordinator
OTS-8400.2
AMENDATORY SECTION(Amending Order 00-271, filed 1/5/01,
effective 2/5/01)
WAC 220-16-260
Puget Sound ((Crustacean)) Crab
Management Regions.
The following areas are defined as Puget
Sound ((Crustacean)) Crab Management Regions:
(1) ((Crustacean)) Crab Management Region ((1A)) 1 - (((Western San Juan Islands)) North Puget Sound). ((The
portion of Marine Fish-Shellfish Management and Catch
Reporting Area 20B west of a line from Point Doughty on Orcas
Island to the bell buoy at the international boundary due
north of Waldron Island, and the portion of Marine
Fish-Shellfish Management and Catch Reporting Area 22A west of
the following line: Beginning at Steep Point on Orcas Island
to Neck Point on Shaw Island, then southerly following the
west coast of Shaw Island to the southernmost point of Shaw
Island, then to the western entrance to Fisherman's Bay on
Lopez Island, then southerly and easterly following the west
coast of Lopez Island to Point Colville.)) All waters of
Marine Fish-Shellfish Management and Catch Reporting Areas
20A, 20B, 21A, 21B, 22A, and 22B.
(2) ((Crustacean Management Region 1B - (Eastern San Juan
Islands). The portions of Marine Fish-Shellfish Management
and Catch Reporting Areas 20B and 22A to the east of
Crustacean Management Region 1A and the portion of Marine
Fish-Shellfish Management and Catch Reporting Area 21A north
and west of a line from the southern tip of Sinclair Island to
Carter Point on Lummi Island.
(3) Crustacean Management Region 1C - (Gulf of Georgia/North Puget Sound Bays). All waters of Marine Fish-Shellfish Management and Catch Reporting Areas 20A, 21B, and 22B, and the portion of Marine Fish-Shellfish Management and Catch Reporting Area 21A outside of Crustacean Management Region 1B.
(4) Crustacean)) Crab Management Region 2-East - (Eastern
Central Puget Sound). All waters of Marine Fish-Shellfish
Management and Catch Reporting Areas 24A, 24B, 24C, 24D,
((25B, 25D,)) and ((26A)) 26A-E (see WAC 220-52-046).
(((5) Crustacean)) (3) Crab Management Region ((3))
2-West - (((Strait of Juan de Fuca)) Western Central Puget
Sound). All waters of Marine Fish-Shellfish Management and
Catch Reporting Areas ((23A, 23B, 23C, 23D, 25A, 25E, and 29))
25B, 25D, and 26A-W (see WAC 220-52-046).
(4) Crab Management Region 3, subarea 3-1 - (Eastern Strait of Juan de Fuca). All waters of Marine Fish-Shellfish Management and Catch Reporting Areas 23A and 23B.
(5) Crab Management Region 3, subarea 3-2 - (Central Strait of Juan de Fuca). All waters of Marine Fish-Shellfish Management and Catch Reporting Areas 23D, 25A, and 25E.
(6) Crab Management Region 3, subarea 3-3 - (Western Strait of Juan de Fuca). All waters of Marine Fish-Shellfish Management and Catch Reporting Areas 23C and 29.
(((6) Crustacean)) (7) Crab Management Region 4 - (Southern Central Puget Sound). All waters of Marine
Fish-Shellfish Management and Catch Reporting Areas 26B((,))
and 26C.
(((7) Crustacean)) (8) Crab Management Region 5 - (Hood
Canal). All waters of Marine Fish-Shellfish Management and
Catch Reporting Areas 25C, 27A, 27B, and 27C.
(((8) Crustacean)) (9) Crab Management Region 6 - (South
Puget Sound). All waters of Marine Fish-Shellfish Management
and Catch Reporting Areas 26D, 28A, 28B, 28C, and 28D.
[Statutory Authority: RCW 77.12.047. 01-03-016 (Order 00-271), § 220-16-260, filed 1/5/01, effective 2/5/01; Order 817, § 220-16-260, filed 5/29/69. Formerly WAC 220-16-020 (part).]
OTS-8404.3
AMENDATORY SECTION(Amending Order 01-180, filed 8/22/01,
effective 9/22/01)
WAC 220-52-043
Commercial crab fishery -- Additional gear
and license use requirements.
(1) Commercial gear limited to
pots and ring nets. It shall be unlawful to take or fish for
crabs for commercial purposes except with shellfish pots and
ring nets.
(2) Commercial gear escape rings and ports defined. It shall be unlawful to use or operate any shellfish pot gear in the commercial Dungeness crab fishery unless such gear meets the following requirements:
(a) Pot gear must have not less than two escape rings or ports not less than 4-1/4 inches inside diameter.
(b) Escape rings or ports described above must be located in the upper half of the trap.
(3) Puget Sound commercial gear tagging requirements.
(a) In Puget Sound, all crab pots must have a durable, nonbiodegradable tag permanently and legibly marked with the license owner's name or license number, and telephone number securely attached to the pot. If the tag information is illegible, or if the tag is lost for any reason, the pot is not in compliance with law.
(b) In Puget Sound all crab buoys must have a buoy tag issued to the license owner by the department attached to the outermost end of the buoy line. If more than one buoy is attached to a pot, only one buoy tag is required.
(4) Puget Sound - Description of lawful buoys. All buoys attached to commercial crab gear in Puget Sound waters must consist of a durable material and remain floating on the water's surface when five pounds of weight is attached. It is unlawful to use bleach or antifreeze bottles or any other container as a float. All buoys fished under a single license must be marked in a uniform manner using one buoy brand number registered by the license holder with the department and be of identical color or color combinations. No buoys attached to commercial crab gear in Puget Sound may be both red and white in color unless a minimum of thirty percent of the surface of each buoy is also prominently marked with an additional color or colors other than red or white, as the red and white colors are reserved for personal use crab gear as described in WAC 220-56-320 (1)(c).
(5) Commercial crab license requirements. In addition to, and separate from, all requirements in this chapter that govern the time, area, gear, and method for crab fishing, landing, possession, or delivery of crabs, no commercial crab fishing is allowed except when properly licensed. A person may take, fish for, land, or deliver crabs for commercial purposes in Washington or coastal waters only when the person has the license required by statute, or when the person is a properly designated alternative operator to a valid license. For Puget Sound, a person must have a "Dungeness crab - Puget Sound" fishery license provided by RCW 77.65.130. For coastal waters, such person must have a "Dungeness crab - Coastal" fishery license provided by RCW 77.65.130. To use ring nets instead of or in addition to pots, then the licensee must also have the "Crab ring net - Puget Sound" or "Crab ring net - non-Puget Sound" license in RCW 77.65.130. Qualifications for the limited entry licenses, requirements for designating vessels, and use of alternate operators is provided by and controlled by chapters 77.65 and 77.70 RCW.
(6) Maximum size for ((coastal)) commercial crab pots.
((The maximum volume of)) It is unlawful to commercially fish
a crab pot greater than thirteen cubic feet in volume used to
fish for or take Dungeness crab from ((the)) state or offshore
waters ((provided for in WAC 220-52-040(12) is thirteen cubic
feet)).
(7) Incidental catch may not be retained. It is unlawful to retain salmon, food fish, or any shellfish other than octopus that is taken incidental to any crab fishing.
[Statutory Authority: RCW 77.12.047. 01-18-005 (Order 01-180), § 220-52-043, filed 8/22/01, effective 9/22/01; 00-18-005 (Order 00-164), § 220-52-043, filed 8/23/00, effective 9/23/00. Statutory Authority: RCW 75.08.080. 98-19-012 (Order 98-185), § 220-52-043, filed 9/4/98, effective 10/5/98; 94-12-009 (Order 94-23), § 220-52-043, filed 5/19/94, effective 6/19/94; 93-15-051, § 220-52-043, filed 7/14/93, effective 8/14/93; 84-08-014 (Order 84-24), § 220-52-043, filed 3/27/84; 79-02-053 (Order 79-6), § 220-52-043, filed 1/30/79; Order 77-145, § 220-52-043, filed 12/13/77; Order 1179, § 220-52-043, filed 11/19/74; Order 807, § 220-52-043, filed 1/2/69, effective 2/1/69. Formerly WAC 220-52-040(1).]
The lawful open times and areas for commercial crab fishing are as follows:
(1) All Puget Sound Marine Fish-Shellfish Management and Catch Reporting Areas are open for commercial crab fishing beginning 8:00 a.m. October 1st through the following April 15th and, after 8:00 a.m. October 1st, from one-half hour before sunrise to one-half hour after sunset, except as provided by other subsections below.
(2) For purposes of crab harvest allocation, fishing season, and catch reporting, the Marine Fish-Shellfish Management and Catch Reporting Areas (Catch Areas) are modified as follows:
(a) Catch Area 26A-E shall include those waters of Puget Sound south of a line from Sandy Point (on Whidbey Island) to Camano Head and from Camano Head to the north tip of Gedney Island, and from the southern tip of Gedney Island east to the mainland, and north and east of a line that extends from Possession Point to the shipwreck located .8 nautical miles north of Picnic Point.
(b) Catch Area 26A-W shall include those waters of Puget Sound south and east of a line from Foulweather Bluff to Double Bluff, and northerly of a line from Apple Cove Point to Point Edwards, and south and west of a line that extends from Possession Point to the shipwreck located .8 nautical miles north of Picnic Point.
(3) The following areas are closed to commercial crab fishing except for treaty Indian commercial crab fishing where the treaty Indian crab fisher is following tribal openings that are in accordance with provisions of court orders in United States v. Washington:
(a) Areas 25C, 26B, 26C, 26D, 27A, 27B, 27C, 28A, 28B, 28C, and 28D.
(b) Those waters of Marine Fish-Shellfish Management and Catch Reporting Area 20A in Lummi Bay east of a line projected from the entrance buoy at Sandy Point to Gooseberry Point.
(((b))) (c) Those waters of Marine Fish-Shellfish
Management and Catch Reporting Area 21A in Bellingham Bay west
of a line projected from the exposed boulder at Point Francis
to the pilings at Stevie's Point.
(((c))) (d) Those waters of Marine Fish-Shellfish
Management and Catch Reporting Area 24A east of a line((s))
projected north from the most westerly tip of Skagit Island
and extending south to the most westerly tip of Hope Island,
thence southeast to Seal Rocks, thence southeast to the green
can buoy at the mouth of Swinomish Channel, thence easterly to
the west side of Goat Island.
(((d))) (e) Those waters of Marine Fish-Shellfish
Management and Catch Reporting Area 24B inside a line
projected from Priest Point to the five-meter tower between
Gedney Island and Priest Point, thence northwesterly on a line
between the five-meter tower and Barnum Point to the
intersection with a line projected true west from Kayak Point,
thence east to shore.
(((e))) (f) Those waters of Marine Fish-Shellfish
Management and Catch Reporting Area 25A west of a line from
the new Dungeness Light to the ((outermost tip of the))
abandoned dock at the Three Crabs Restaurant.
(((f))) (g) Those waters of Marine Fish-Shellfish
Management and Catch Reporting Area 25D within a line
projected from the Point Hudson Marina entrance to the
northern tip of Indian Island, thence to Kala Point, and
thence following the shoreline to the point of origin.
(((3))) (4) The following areas are closed to commercial
crab fishing during the periods indicated:
(a) Those waters of Marine Fish-Shellfish Management and Catch Reporting Area 20A between a line from the boat ramp at the western boundary of Birch Bay State Park to the western point of the entrance of the Birch Bay Marina and a line from the same boat ramp to Birch Point are closed October 1 through October 31 and March 1 through April 15.
(b) Those waters of Marine Fish-Shellfish Management and
Catch Reporting Area 24C inshore of the 400 foot depth contour
within an area bounded by parallel lines projected
northeasterly from Sandy Point and the entrance to the marina
at Langley are closed October 1 through October 15((, and
March 15 through April 15 of each year)).
(c) Those waters of Marine Fish-Shellfish Management and
Catch Reporting Area 26A-W in Useless Bay north and east of a
line from the south end of the Double Bluff State Park seawall
(47°58.782'N, 122°30.840'W) projected 110 degrees true to the
boulder on shore (47°57.690'N, 122°26.742'W) are closed from
October 1 through October 15 ((through October 31, and March
15 through April 15 of each year)).
(d) Those waters of Marine Fish-Shellfish Management and Catch Reporting Area 22B in Fidalgo Bay south of a line projected from the red number 4 entrance buoy at Cap Sante Marina to the northern end of the eastern most oil dock are closed October 1 through October 31, and March 1 through April 15 of each year.
(e) Those waters of Marine Fish-Shellfish Management and
Catch Reporting Area 22A in Deer Harbor north of a line
projected from Steep Point to Pole Pass are closed October 1
through October 31 and March 1 through April 15 ((of each
year)).
(((4))) (f) Those waters of Marine Fish-Shellfish
Management and Catch Reporting Area 26A-E east of a line that
extends true north from the green No. 1 buoy at Possession
Point to Possession Point and west of a line from the green
No. 1 buoy at Possession Point northward along the 200-foot
depth contour to the Glendale Dock are closed October 1
through October 15.
(5) The following areas are closed to commercial crab fishing until further notice:
(a) ((Areas 25C, 26B, 26C, 26D, 27A, 27B, 27C, 28A, 28B,
28C, 28D and)) Those waters of Area 25E south of a line from
Contractors Point to Tukey Point.
(b) Those waters of Marine Fish-Shellfish Management and Catch Reporting Area 24A within a line projected from Rocky Point northeast to the red number 2 buoy north of Ustalady Point, thence to Brown Point on the northeast corner of Ustalady Bay.
(c) Those waters of Marine Fish-Shellfish Management and Catch Reporting Area 24D south of a line from the point at the southern end of Honeymoon Bay (48°03.047'N, 122°32.306'W) to the point just north of Beverly Beach.
(d) Those waters of Marine Fish-Shellfish Management and Catch Reporting Area 26A east of a line projected from the outermost tip of the ferry dock at Mukilteo to the green #3 buoy at the mouth of the Snohomish River and west of a line projected from the #3 buoy southward to the oil boom pier on the shoreline.
(e) ((Those waters of Marine Fish-Shellfish Management
and Catch Reporting Area 26A within a line from the green
number 1 buoy at Scatchet Head to the green number 1 buoy at
Possession Point thence following the 200 foot contour to a
point due east from the Glendale Dock.
(f))) Those waters of Marine Fish-Shellfish Management and Catch Reporting Area 21B in Samish Bay south of a line from Point Williams to Fish Point in waters shallower than 60 feet in depth.
(((g))) (f) Those waters of Marine Fish-Shellfish
Management and Catch Reporting Area 22A in Westcott and
Garrison Bays east of a line projected due south from Point
White to San Juan Island.
(((h))) (g) Those waters of Marine Fish-Shellfish
Management and Catch Reporting Area 20A in Birch Bay east of a
line projected from the boat ramp at the western boundary of
Birch Bay State Park to the western point of the entrance to
the Birch Bay Marina.
(((i))) (h) Those waters of Marine Fish-Shellfish
Management and Catch Reporting Area 21A inside of Chuckanut
Bay east of a line projected north from Governor's Point to
the east side of Chuckanut Island thence to Chuckanut Rock
thence to the most southerly tip of Clark's Point.
(((j))) (i) Those waters of Marine Fish-Shellfish
Management and Catch Reporting Area 22A in Blind Bay south of
a line projected due west from Point Hudson to its
intersection with Shaw Island.
(((k))) (j) Those waters of Marine Fish-Shellfish
Management and Catch Reporting Area 22A in Fisherman Bay south
of a line projected east-west through the red number 4
entrance buoy.
(((l))) (k) Those waters of Marine Fish-Shellfish
Management and Catch Reporting Area 22A in Mud Bay south of a
line projected ((from Lopez Island)) through Crab and Fortress
Islands ((to)) intersecting Lopez Island at either end.
(((m))) (l) Those waters of Marine Fish-Shellfish
Management and Catch Reporting Area 22B in Padilla Bay within
a line projected easterly from the northern end of the eastern
most oil dock at March Point to the red number 2 buoy, thence
southeasterly to the red number 8 buoy, thence west to shore
and following the shoreline to the point of origin.
(((n))) (m) Those waters of Marine Fish-Shellfish
Management and Catch Reporting Area 24A in Cornet Bay south of
a line projected true east and west from the northernmost tip
of Ben Ure Island.
(((o))) (n) That portion of Marine Fish-Shellfish
Management and Catch Reporting Area 20B which includes all
waters of Prevost Harbor between Stuart Island and Satellite
Island southwest of a line from Charles Point on Stuart Island
to the northwest tip of Satellite Island and southwest of a
line projected 120 degrees true from the southeast end of
Satellite Island to Stuart Island.
(((p))) (o) Those waters of Marine Fish-Shellfish
Management and Catch Reporting Area 22A in East Sound north of
a line from the southern point of Judd Bay on the west to
Giffin Rocks on the east.
(((5))) (6) Coastal, Pacific Ocean, Grays Harbor, Willapa
Bay and Columbia River waters are open to commercial crab
fishing December 1 through September 15 except that it is
lawful to set baited crab gear beginning at 8:00 a.m. November
28. However, the department may delay opening of the coastal
crab fishery due to softshell crab conditions, in which case
the following provisions will apply:
(a) After consultation with the Oregon Department of Fish and Wildlife, the director may, by emergency rule, establish a softshell crab demarcation line.
(b) For waters of the Pacific Ocean north of Point Arena, California, it is unlawful for a person to use a vessel to fish in any area for which the season opening has been delayed due to softshell crab for the first thirty days following the opening of such an area if the vessel was employed in the coastal crab fishery during the previous forty-five days.
(c) Fishers may not set crab gear in any area where the season opening has been delayed, except that gear may be set as allowed by emergency rule and shall allow setting sixty-four hours in advance of the delayed season opening time.
(d) It is unlawful to fish for or possess Dungeness crabs or to set crab gear in waters of the Pacific Ocean adjacent to the states of Oregon or California except during the lawful open seasons, areas and times specified by the individual states, except that it is unlawful for the holder of a Washington state Dungeness crab coastal fishery license to fish for or possess Dungeness crab taken in waters north of 41°59'47"N. Lat. and south of 46°15'00"N. Lat. unless the holder also holds the licenses or permits needed to commercially fish for Dungeness crab within the state waters of Oregon.
(((6) The following areas (Special Management Area;
SMA's) are closed to commercial crab fishing during the
periods indicated, except for treaty Indian commercial crab
fishing where the treaty Indian crab fisher is following
tribal openings that are in accordance with provisions of
court orders in United States v. Washington:
(a) Those waters bounded by lines projected between the following coordinates:
| (( |
||
(b) Those waters between 47°40.50'N (Destruction Island) north to 48°02.25'N, east of a line (to the coastline) described by the following points:
| (( |
||
(c) Those waters east of a line approximating the 25 fathom curve, from 48°02.15'N 124°50'00"W to 48°07'36"N 124°51'24"W to 48°20'00"N 124°50'00"W to Cape Flattery. This area will close to non-Indian fishing December 29, 1997, (after 28 days of fishing) and remain closed through March 31, 1998. The area will reopen on April 1, 1998, and remain open through September 15, 1998.
(d) It is unlawful to place gear, fish for or take Dungeness crab for commercial purposes in the following area from July 1 through September 15:
Those waters west of straight lines drawn in sequence from south to north between the following coordinates:
| (( |
||
[Statutory Authority: RCW 77.12.047. 01-11-009 (Order 01-74), § 220-52-046, filed 5/3/01, effective 6/3/01. Statutory Authority: RCW 75.08.080. 99-10-062 (Order 99-59), § 220-52-046, filed 5/3/99, effective 6/3/99; 98-19-012 (Order 98-185), § 220-52-046, filed 9/4/98, effective 10/5/98; 98-05-043, § 220-52-046, filed 2/11/98, effective 3/14/98; 97-08-052 (Order 97-55), § 220-52-046, filed 3/31/97, effective 5/1/97; 94-12-009 (Order 94-23), § 220-52-046, filed 5/19/94, effective 6/19/94; 93-15-051, § 220-52-046, filed 7/14/93, effective 8/14/93; 91-10-024 (Order 91-22), § 220-52-046, filed 4/23/91, effective 5/24/91; 87-05-038 (Order 87-08), § 220-52-046, filed 2/18/87; 85-01-010 (Order 84-214), § 220-52-046, filed 12/7/84; 84-08-014 (Order 84-24), § 220-52-046, filed 3/27/84; 83-01-026 (Order 82-221), § 220-52-046, filed 12/8/82; 80-13-064 (Order 80-123), § 220-52-046, filed 9/17/80; Order 76-152, § 220-52-046, filed 12/17/76; Order 1179, § 220-52-046, filed 11/19/74; Order 1112, § 220-52-046, filed 4/15/74; Order 1057, § 220-52-046, filed 5/22/73; Order 920, § 220-52-046, filed 5/13/71; Order 807, § 220-52-046, filed 1/2/69, effective 2/1/69. Formerly WAC 220-52-040 (2), (3), (4) and (9).]
OTS-8416.1
AMENDATORY SECTION(Amending Order 03-28, filed 2/18/03,
effective 3/21/03)
WAC 220-52-051
Shrimp fishery -- Puget Sound.
(1) A Puget
Sound shrimp pot license or a Puget Sound shrimp trawl license
will only be issued to an individual who is a natural person,
and this person shall be the primary operator. Holders of
Puget Sound shrimp pot licenses and Puget Sound shrimp trawl
licenses may designate a single alternate operator per
license.
(2) It is unlawful to fish for shrimp for commercial purposes in Puget Sound using shellfish pot gear except during seasons opened by emergency rule:
(a) Gear restrictions -
(i) In all areas, maximum 100 pots per fisher except for dual licensees as provided for in RCW 77.70.410.
(ii) In all areas:
(A) Buoys must be orange in color and consist of durable material that will remain floating on the surface with five pounds attached; bleach or antifreeze bottles or other containers may not be used as floats.
(B) The line attaching the pot to the buoy must be weighted sufficiently to prevent the line from floating on the surface.
(C) The maximum perimeter of shrimp pots must not exceed ten feet and the maximum height must not exceed two feet.
(D) It is unlawful to set or pull shrimp pot gear from one hour after official sunset to one hour before official sunrise.
(b) Spot shrimp size restriction: It is unlawful to retain spot shrimp taken by shellfish pot gear that have a carapace length less than 1 and 3/16 inches. Carapace length is defined as the length between the posterior mid-dorsal margin to the posterior-most part of the eye-stalk orbit.
(c) Area restrictions:
(i) Pot gear closed in all Puget Sound Shrimp Districts except the Port Townsend Shrimp District.
(ii) Pot gear closed in Lopez Sound south of a line projected true east-west from the northern tip of Trump Island from the season opening through July 9th.
(3) It is unlawful to fish for shrimp for commercial purposes in Puget Sound using trawl gear except during seasons opened by emergency rule:
(a) Gear restrictions - Beam trawl gear only. Otter trawl gear may not be used.
(i) Maximum beam width in Marine Fish-Shellfish Management and Catch Reporting Areas 20A, 20B, 21A, and 22A is 25 feet.
(ii) Maximum beam width in Marine Fish-Shellfish Management and Catch Reporting Areas 23A, 23B, 23C, 25A, 25B, and 29 is 60 feet.
(b) It is unlawful to retain spot shrimp.
(c) Area restrictions:
(i) Shrimp trawl fishing closed in all Puget Sound Shrimp Districts.
(ii) Shrimp trawl fishing closed in Lopez Sound south of a line projected true east-west from the northern tip of Trump Island from the season opening through July 9th.
(d) It is unlawful to fish for shrimp in Puget Sound with beam trawl gear in waters shallower than 100 feet.
(e) It is lawful to fish for shrimp in Puget Sound with beam trawl gear in Marine Fish-Shellfish Management and Catch Reporting Area 21A only in those waters north and west of a line from the southern tip of Sinclair Island to Carter Point on Lummi Island.
(f) The following restrictions apply to shrimp beam trawl harvest in Marine Fish-Shellfish Management and Catch Reporting Area 20A:
(i) Closed in waters east of a line from the southwest corner of Point Roberts to Sandy Point.
(ii) Closed in waters shallower than 20 fathoms.
(g) It is unlawful to operate shrimp beam trawl gear in Puget Sound from one hour after official sunset to one hour before official sunrise.
(4) All shrimp taken in the Puget Sound commercial shrimp fishery must be landed and recorded on Washington state fish receiving tickets within 24 hours of harvest. 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. A fisher who is a licensed wholesale dealer may complete and return a fish receiving ticket to satisfy the requirements of this subsection.
(5) For purposes of shrimp pot harvest allocation, fishing season, and catch reporting, the Marine Fish-Shellfish Management and Catch Reporting Areas (catch areas) are modified as follows:
(a) That portion of Catch Area 22A south of a line due east from the international boundary to Lime Kiln Point light on San Juan Island, then south of the shores of San Juan Island, then south of a line from Cattle Point on San Juan Island to Davis Point on Lopez Island, then south of the shores of Lopez Island to Point Colville shall be considered to be part of Catch Area 23A.
(b) Catch Area 23A is divided into ((three)) four
subareas:
(i) 23A-E (east) is those waters of Catch Area 23A east
of ((a line projected 122.59 N longitude)) 122°57'W. Long. and
north of 48°22.5'N. Lat.
(ii) 23A-W (west) is those waters of Catch Area 23A
((east of a line projected 335 degrees true from the Dungeness
lighthouse and)) west of ((a line projected 122.59 N
longitude)) 122°57'W. Long. and north of 48°22.5'N. Lat.
(iii) 23A-C (central) is those waters of Catch Area 23 south of 48°22.5'N. Lat. and east of a line projected 335° true from the Dungeness lighthouse.
(iv) 23A-S (south) is those waters of Catch Area 23A west
of a line projected 335° ((degrees)) true from the Dungeness
lighthouse.
(c) Catch Area 26A is divided into two subareas:
(i) 26A-E (east)((;)) is those waters of Catch Area 26A
north and east of a line projected 110 degrees true from the
southern tip of Possession Point on Whidbey Island to the
shipwreck on the opposite shore.
(ii) 26A-W (west)((;)) is those waters of Catch Area 26A
south and west of a line projected 110 degrees true from the
southern tip of Possession Point on Whidbey Island to the
shipwreck on the opposite shore.
(d) Catch Area 26B is divided into two subareas:
(i) 26B-1((;)) is those waters of Catch Area 26B westerly
of a line projected from West Point to Alki Point.
(ii) 26B-2((;)) is those waters easterly of a line
projected from West Point to Alki Point.
(6) For purpose of shrimp trawl harvest allocation and catch reporting, 23A East is that portion of Catch Area 23A, east of a line projected true north from the Dungeness lighthouse. 23A West is that portion of Catch Area 23A, west of the line described herein.
(7) The following areas are defined as Puget Sound Shrimp Management Areas:
(a) Shrimp Management Area 1A: ((The portion of
Crustacean Management Region 1 which includes all)) Waters of
Catch Area 20B west of a line from Point Doughty on Orcas
Island to the bell buoy at the international boundary, and all
waters of Catch Area 22A west of a line projected true north
and south from the western tip of Crane Island, west of a line
projected from the number 2 buoy at the entrance to Fisherman
Bay to the southern tip of Shaw Island.
(b) Shrimp Management Area 1B: ((That portion of
Crustacean Management Region 1 which includes all)) Waters of
Catch Area 20B east of a line from Point Doughty on Orcas
Island to the bell buoy at the international boundary, and
((all)) waters of Catch Area 22A east of a line projected true
north and south from the western tip of Crane Island, east of
a line projected from the number 2 buoy at the entrance to
Fisherman Bay to the southern tip of Shaw Island, and east of
a line projected true south from Point Colville, and all
waters of Catch Area 21A north and west of a line from the
southern tip of Sinclair Island to Carter Point on Lummi
Island.
(c) Shrimp Management Area 1C: ((That portion of
Crustacean Management Region 1 which includes all)) Waters of
Catch Areas 20A, 21B, 22B, and ((all)) waters of Catch Area
21A not included in Management Area 1B.
(d) Shrimp Management Area 2E: ((That portion of
Crustacean Management Region 2 which includes all)) Waters of
Catch Areas 24A, 24B, 24C, 24D, and 26A-E (east).
(e) Shrimp Management Area 2W: ((That portion of
Crustacean Management Region 2 which includes all)) Waters of
Catch Areas 25B, 25C, 25D, and 26A-W (west).
(f) Shrimp Management Area 3: Waters of Catch Areas 23A, 23B, 23C, 23D, 25A, 25E, and 29.
(g) Shrimp Management Area 4: Waters of Catch Areas 26B and 26C.
(h) Shrimp Management Area 5: Waters of Catch Areas 27A, 27B, and 27C.
(i) Shrimp Management Area 6: Waters of Catch Areas 26D, 28A, 28B, 28C, and 28D.
(8) In Shrimp Management Areas 1A, 1B and 1C, all catch
((will)) must be reported by Management Area and Catch Area
combined, either 1A-20B, 1A-22A, 1B-20B, 1B-21A, 1B-22A,
((or)) 1C-20A, 1C-21A, 1C-21B, or 1C-22B.
[Statutory Authority: RCW 77.12.047. 03-05-064 (Order 03-28), § 220-52-051, filed 2/18/03, effective 3/21/03; 02-01-068, § 220-52-051, filed 12/14/01, effective 1/14/02; 01-03-016 (Order 00-271), § 220-52-051, filed 1/5/01, effective 2/5/01. Statutory Authority: RCW 74.08.080 and 1999 c 239. 00-01-124 (Order 99-217), § 220-52-051, filed 12/17/99, effective 1/17/00. Statutory Authority: RCW 75.28.740 and 75.30.220. 94-07-092 (Order 94-14), § 220-52-051, filed 3/17/94, effective 4/17/94. Statutory Authority: RCW 75.08.080. 93-15-051, § 220-52-051, filed 7/14/93, effective 8/14/93; 91-18-030 (Order 91-73), § 220-52-051, filed 8/28/91, effective 9/28/91; 87-23-006 (Order 87-187), § 220-52-051, filed 11/6/87.]
OTS-8408.2
AMENDATORY SECTION(Amending Order 04-210, filed 8/17/04,
effective 9/17/04)
WAC 220-69-240
Duties of commercial purchasers and
receivers.
(1) It is unlawful for any person originally
receiving fresh or iced fish or shellfish or frozen fish or
shellfish that have not been previously delivered in another
state, territory, or country, except purchases or receipts
made by individuals or consumers at retail, to fail to be a
licensed wholesale fish dealer or fish buyer, and to fail to
immediately, completely, accurately, and legibly prepare the
appropriate state of Washington fish receiving ticket
regarding each and every purchase or receipt of such
commodities. Each delivery must be recorded on a separate
fish receiving ticket.
It is unlawful for any original receiver of crab or spot shrimp to fail to record all crab or spot shrimp aboard the vessel making the delivery to the original receiver. The poundage of any fish or shellfish deemed to be unmarketable, discards, or weighbacks must be shown on the fish receiving ticket and identified as such, but a zero dollar value may be entered for such fish or shellfish.
(a) Failure to be licensed under this subsection is punishable under RCW 77.15.620.
(b) Failure to prepare a fish receiving ticket under this subsection in punishable under RCW 77.15.630.
(2) Any employee of a licensed wholesale dealer who has authorization to receive or purchase fish or shellfish for that dealer on the premises of the primary business address or any of its branch plant locations shall be authorized to initiate and sign fish receiving tickets on behalf of his employer. The business or firm shall be responsible for the accuracy and legibility of all such documents initiated in its name.
(3) It is unlawful for the original receiver to fail to initiate the completion of the fish receiving ticket upon receipt of any portion of a commercial catch. Should the delivery of the catch take more than one day, the date that the delivery is completed is required to be entered on the fish receiving ticket as the date of delivery. If, for any reason, the delivery vessel leaves the delivery site, the original receiver must immediately enter the current date on the fish receiving ticket. Violation of this subsection is punishable under RCW 77.15.630.
(4) Forage fish: It is unlawful for any person receiving forage fish to fail to report the forage fish on fish receiving tickets that are initiated and completed on the day the forage fish are delivered. Herring are also required to be reported on herring harvest logs. The harvested amount of forage fish is to be entered upon the fish ticket when the forage fish are off-loaded from the catcher vessel. An estimate of herring, candlefish, anchovy, or pilchards caught but not sold due to mortality must be included on the fish ticket as "loss estimate."
Violation of this subsection is a gross misdemeanor, punishable under RCW 77.15.640.
(5) Geoduck: It is unlawful for any person receiving geoducks, regardless of whether or not the receiver holds a license as required under Title 77 RCW, to fail to accurately and legibly complete the fish receiving ticket initiated on the harvest tract immediately upon the actual delivery of geoducks from the harvesting vessel onto the shore. This fish receiving ticket shall accompany the harvested geoducks from the department of natural resources harvest tract to the point of delivery. Violation of this subsection is a gross misdemeanor, punishable under RCW 77.15.640.
(6) Pacific whiting: It is unlawful for the original receiver of Pacific whiting to fail to enter an estimated weight of Pacific whiting on the fish receiving ticket immediately upon completion of the delivery. The exact weights of whiting, by grade, and all incidental species in the delivery must be entered on the fish receiving ticket within twenty-four hours of the landing. Violation of this subsection is a gross misdemeanor, punishable under RCW 77.15.640.
(7) Puget Sound shrimp - Pot gear: It is unlawful for
the original receiver of shrimp other than ghost shrimp taken
from Puget Sound by pot gear to fail to report to the
department the previous week's purchases by 10:00 a.m. the
following Monday. For harvest in Crustacean Management
Regions 1 or 2, reports must be made to the La Conner district
office by voice 360-466-4345 extension 245, or facsimile
360-466-0515. For harvest in Crustacean Management Regions 3,
4, or 6, reports must be made to the Point Whitney Shellfish
Laboratory by voice 1-866-859-8439, extension ((600)) 800, or
facsimile 360-586-8408. All reports must specify the serial
numbers of the fish receiving tickets on which the previous
week's shrimp were sold, and the total number of pounds caught
by gear type, Marine Fish-Shellfish Management and Catch
Reporting Area (Catch Area), and species listed on each
ticket. Violation of this subsection is a gross misdemeanor,
punishable under RCW 77.15.560.
(a) It is unlawful for any person originally receiving or purchasing shrimp, other than ghost shrimp, harvested from Catch Area 23A, to fail to record either 23A-C, 23A-E, 23A-W or 23A-S on shellfish receiving tickets based on the location of harvest and the boundary definitions specified in WAC 220-52-051. Violation of this subsection is a gross misdemeanor, punishable under RCW 77.15.640.
(b) It is unlawful for any person originally receiving or purchasing shrimp, other than ghost shrimp, harvested from Catch Area 26A, to fail to record either 26A-E or 26A-W on shellfish receiving tickets based on the location of harvest and the boundary definitions specified in WAC 220-52-051. Violation of this subsection is a gross misdemeanor, punishable under RCW 77.15.640.
(c) It is unlawful for any person originally receiving or purchasing shrimp, other than ghost shrimp, harvested from Catch Area 26B, to fail to record either 26B-1 or 26B-2 on shellfish receiving tickets based on the location of harvest and the boundary definitions specified in WAC 220-52-051. Violation of this subsection is a gross misdemeanor, punishable under RCW 77.15.640.
(d) It is unlawful for any person originally receiving or purchasing shrimp, other than ghost shrimp, harvested from Catch Areas 20B, 21A, and 22A, to fail to record either 1A-20B, 1A-22A, 1B-20B, 1B-21A, 1B-22A, or 1C-21A on shellfish receiving tickets based on the location of harvest and the boundary definitions specified in WAC 220-52-051. Violation of this subsection is a gross misdemeanor, punishable under RCW 77.15.640.
(8) Puget Sound shrimp - Trawl gear: It is unlawful for the original receiver of shrimp other than ghost shrimp taken from Puget Sound by trawl gear to fail to report to the department the previous day's purchases by 10:00 a.m. the following morning. For harvest in Crustacean Management Region 1, reports must be made to the La Conner district office by voice 360-466-4345 extension 245, or facsimile 360-466-0515. For harvest in Crustacean Management Region 3, reports must be made to the Point Whitney Shellfish Laboratory by voice 1-866-859-8439, extension 600, or facsimile 360-586-8408. All reports must specify the serial numbers of the fish receiving tickets on which the previous day's shrimp were sold, and the total number of pounds caught by gear type, Marine Fish-Shellfish Management and Catch Reporting Area, and species listed on each ticket. Violation of this subsection is a gross misdemeanor, punishable under RCW 77.15.560.
(9) Puget Sound crab: It is unlawful for any wholesale
dealer acting in the capacity of an original receiver of
Dungeness crab taken by nontreaty fishers from Puget Sound to
fail to report to the department the previous day's purchases
by 10:00 a.m. the following ((morning)) business day. Reports
must be made to the ((Point Whitney Shellfish Laboratory)) La
Conner District Office by facsimile ((360-586-8408))
360-466-0515 or by telephone number 1-866-859-8439 extension
500 and must specify the dealer name, dealer phone number,
date of delivery of crab to the original receiver, and the
total number of pounds of crab caught by nontreaty fishers by
((Crustacean)) Crab Management Region or by Marine
Fish-Shellfish Management and Catch Reporting Area. The fish
receiving ticket reporting requirement of WAC 220-69-240
remains in effect. Violation of this subsection is a gross
misdemeanor, punishable under RCW 77.15.560.
(10) Salmon and sturgeon: During any fishery opening designated by rule as "quick reporting required," it is unlawful for any wholesale dealer acting in the capacity of an original receiver to fail to report all purchases of salmon and sturgeon made on the previous calendar day, or for a direct retail endorsement holder to fail to report all salmon offered for retail sale on the previous calendar day. The report must include dealer or holder name and purchasing location, date of purchase, each fish ticket number used on the purchasing date, and the following catch data for each species purchased: Gear, catch area, species, number and total weight of fish. When quick reporting is required, it is unlawful to fail to comply with the following reporting requirements:
(a) Puget Sound reports must be reported by 10:00 a.m. on the day after the purchase date by either:
(i) Fax transmission to 360-902-2949
(ii) E-mail to psfishtickets@dfw.wa.gov or
(iii) Telephone to 1-866-791-1279
(b) Coastal troll reports must be reported by 10:00 a.m. on the day after the purchase date by either:
(i) Fax transmission to 360-902-2949
(ii) E-mail to trollfishtickets@dfw.wa.gov or
(iii) Telephone to 1-866-791-1279
(c) Grays Harbor and Willapa Bay reports must be reported by 10:00 a.m. on the day after the purchase date by either:
(i) Fax transmission to 360-664-0689
(ii) E-mail to harborfishtickets@dfw.wa.gov or
(iii) Telephone to 1-866-791-1280
(d) Columbia River reports must be reported by 10:00 a.m. on the day after the purchase date by either:
(i) Fax transmission to 360-906-6776 or 360-906-6777
(ii) E-mail to crfishtickets@dfw.wa.gov or
(iii) Telephone to 1-866-791-1281
(e) Faxing a copy of each fish receiving ticket used on the previous day satisfies the reporting requirement.
(f) Violation of this subsection is a gross misdemeanor, punishable under RCW 77.15.560.
(11) Sea urchins and sea cucumbers: It is unlawful for any wholesale dealer acting in the capacity of an original receiver and receiving sea urchins or sea cucumbers from nontreaty fishers to fail to report to the department each day's purchases by 10:00 a.m. the following day. For red sea urchins the report must specify the number of pounds received from each sea urchin district. For green sea urchins and sea cucumbers the report must specify the number of pounds received from each Marine Fish-Shellfish Management and Catch Reporting Area. For sea cucumbers the report must specify whether the landings were "whole-live" or "split-drained." The report must be made by facsimile (fax) transmission to 360-902-2943 or by toll-free telephone to 866-207-8223. Additionally, it is unlawful for the original receiver of red sea urchins to fail to record on the fish receiving ticket the sea urchin district where the red sea urchins were taken, and it is unlawful for the original receiver of any sea urchins to fail to record on the fish receiving ticket the name of the port of landing where the sea urchins were landed ashore. Additionally, it is unlawful for the original receiver of sea cucumbers to fail to record on the fish receiving ticket whether the sea cucumbers were delivered "whole-live" or "split-drained." Violation of this subsection is a gross misdemeanor, punishable under RCW 77.15.560.
(12) Coastal spot shrimp: It is unlawful for any original receiver of spot shrimp taken from Marine Fish Management and Catch Reporting Area 60A-1 to fail to record separately on the fish receiving ticket spot shrimp taken north or south of 47°04.00' north latitude. Violation of this subsection is a gross misdemeanor, punishable under RCW 77.15.640.
[Statutory Authority: RCW 77.12.047. 04-17-096 (Order 04-210), § 220-69-240, filed 8/17/04, effective 9/17/04; 03-17-008 (Order 03-188), § 220-69-240, filed 8/8/03, effective 9/8/03; 03-05-064 (Order 03-28), § 220-69-240, filed 2/18/03, effective 3/21/03; 03-05-059 (Order 03-32), § 220-69-240, filed 2/18/03, effective 3/21/03; 01-07-015 (Order 01-32), § 220-69-240, filed 3/13/01, effective 4/13/01. Statutory Authority: RCW 75.08.080. 00-01-145 (Order 99-221), § 220-69-240, filed 12/20/99, effective 1/20/00; 97-08-052 (Order 97-55), § 220-69-240, filed 3/31/97, effective 5/1/97. Statutory Authority: RCW 75.08.080 and 75.58.040. 86-19-043 (Order 86-102), § 220-69-240, filed 9/12/86. Statutory Authority: RCW 75.08.080. 85-11-020 (Order 85-43), § 220-69-240, filed 5/10/85; 83-24-049 (Order 83-203), § 220-69-240, filed 12/2/83; 82-17-040 (Order 82-105), § 220-69-240, filed 8/13/82; 81-11-006 (Order 81-31), § 220-69-240, filed 5/11/81; Order 77-14, § 220-69-240, filed 4/15/77; Order 76-153, § 220-69-240, filed 12/17/76.]