WSR 10-19-033

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 10-235 -- Filed September 9, 2010, 3:21 p.m. , effective September 13, 2010, 6:00 a.m. ]


Effective Date of Rule: September 13, 2010, 6:00 a.m.

Purpose: Amend commercial fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-52-05100N; and amending WAC 220-52-051.

Statutory Authority for Adoption: RCW 77.12.047 and 77.04.020.

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 2010 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 opens the spot shrimp pot fishery season in SMA 1A, 1B and Catch Areas 23A-C, 23A-E, 23B and 25A for two days with catch limits to harvest the relatively small amount of quota remaining in those areas. In addition, this emergency rule closes the spot shrimp pot fishery season in the remaining open areas of Puget Sound on September 15 to protect egg bearing females as per the Puget Sound shrimp management plans. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: September 9, 2010.

Philip Anderson

Director


NEW SECTION
WAC 220-52-05100P   Puget Sound shrimp pot and beam trawl fishery -- Season.   Notwithstanding the provisions of WAC 220-52-051, 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) Effective immediately, all waters of Shrimp Management Areas (SMA) 1A, 1B, 2W, 3 and 6 are open to the harvest of all shrimp species until further notice, except as provided for in this section:

(i) All waters of SMA 1A, 1B, Marine Fish-Shellfish Management and Catch Reporting Area (Catch Area) 23A-C, 23A-E, 23A-W and the Discovery Bay Shrimp District are closed with the following exceptions:

a. Effective 6:00 a.m. September 13, 2010, until 6:00 p.m. September 15, 2010, SMA 1A, 1B, Catch Areas 23A-C and 23A-E are open to the harvest of spot shrimp.

(ii) All waters of SMA 2W, Catch Areas 23B, 25A and 26D are closed to the harvest of spot shrimp with the following exceptions:

a. Effective 6:00 a.m. September 13, 2010, until 6:00 p.m. September 15, 2010, Catch Areas 23B and 25A are open to the harvest of all shrimp species.

(iii) Effective 6:00 p.m. September 15, 2010, all waters of Catch Areas 23C, 23D, 23A-S, 29 and SMA 6 are closed to the harvest of spot shrimp.

(b) Effective immediately until further notice, only pots with a minimum mesh size of 1 inch may be pulled on calendar days when fishing for or retaining spot shrimp. Mesh size of 1 inch is defined as a mesh opening that a 7/8-inch square peg will pass through, excluding the entrance tunnels, except for flexible (web) mesh pots, where the mesh must be a minimum of 1-3/4 inch stretch measure. Stretch measure is defined as the distance between the inside of one knot to the outside of the opposite knot of one mesh, when the mesh is stretched vertically.

(c) The shrimp accounting week is Tuesday through Monday.

(d) Effective immediately, until further notice, it is unlawful for the combined total harvest of spot shrimp by a fisher and/or the fisher's alternate operator to exceed 600 pounds per week.

(e) Effective 6:00 a.m. September 13, 2010, until 6:00 p.m. September 15, 2010, it is unlawful for the total harvest of spot shrimp by a fisher and/or the fisher's alternate operator to exceed 270 pounds in SMA 1A, or to exceed 190 pounds in SMA 1B or Catch Area 25A, or to exceed 200 pounds in Catch Area 23A-C or Catch Area 23B, or to exceed 120 pounds in Catch Area 23A-E.

(f) It is unlawful to pull shellfish pots for commercial purposes in more than one Catch Area per day. Fishers may move all of their shellfish pot gear from one Catch Area to another Catch Area if a harvest report is made before the shellfish pot gear is moved. The harvest activity report must be made consistent with the provisions of WAC 220-52-075 and must also include the following additional information:

(i) The number of pots being moved to a new area; and

(ii) The Catch Area the pots are being moved to.

(g) It is unlawful to set or pull shellfish pots in one Catch Area while in possession of shrimp harvested from another Catch Area, except that shellfish pots may be set in a new fishing area subsequent to making a report as indicated in Section (1)(f) above.

(2) Shrimp beam trawl gear:

(a) SMA 3 (outside of the Discovery Bay Shrimp District, Sequim Bay and Catch Area 23D) is open immediately until further notice. Sequim Bay includes those waters of Catch Area 25A south of a line projected west from Travis Spit on the Miller Peninsula.

(b) Those portions of Catch Areas 21A and 22A within SMA 1B are open immediately until further notice.

(c) All waters of Catch Area 20A are open.

(3) All shrimp taken under this section must be sold to licensed Washington wholesale fish dealers.

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REPEALER


The following section of the Washington Administrative Code is repealed effective 6:00 a.m. September 13, 2010:


WAC 220-52-05100N Puget Sound shrimp pot and beam trawl fishery -- Season. (10-227)

Washington State Code Reviser's Office