WSR 10-20-066

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 10-258 -- Filed September 28, 2010, 4:00 p.m. , effective September 28, 2010, 4:00 p.m. ]


Effective Date of Rule: Immediately.

Purpose: Amend commercial fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-52-05100P; 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 closes the beam trawl fishery in Shrimp Management Area 1B, as the quota has been reached. In addition, this emergency rule closes the nonspot shrimp pot fishery season in the remaining open areas of Puget Sound, and the beam trawl fishery in Catch Area 20A, on October 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 28, 2010.

Joe Stohr

for Philip Anderson

Director


NEW SECTION
WAC 220-52-05100Q   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, until 6:00 p.m. October 15, 2010, all waters of Shrimp Management Areas (SMA) 2W, 3 and 6 are open to the harvest of all shrimp species except spot shrimp, except as provided for in this section:

(i) All waters of Marine Fish Shellfish Management and Catch Reporting Area (Catch Area) 23A-C, 23A-E, 23A-W and the Discovery Bay Shrimp District are closed.

(b) Effective immediately until 6:00 p.m. October 10, 2010, all waters of SMA 1B, 1C and 2E are open to the harvest of all species except spot shrimp. It is unlawful for the combined total harvest of shrimp by a fisher and/or the fisher's alternate operator to exceed 1,200 pounds in SMA 1B and 1C, or to exceed 600 pounds in SMA 2E during this open period.

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

(d) It is unlawful to pull shellfish pots for commercial purposes in more than one Catch Reporting Area per day. Fishers may move all of their shellfish pot gear from one Catch Reporting Area to another Catch Reporting Area if a harvest activity 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.

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

(2) Shrimp beam trawl gear:

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

(b) All waters of Catch Area 20A are open, effective immediately, until 6:00 p.m. October 15, 2010.

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

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Reviser's note: The typographical 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 220-52-05100P Puget Sound shrimp pot and beam trawl fishery -- Season. (10-235)

Washington State Code Reviser's Office