Effective Date of Rule: June 8, 2011, 6:00 a.m.

     Purpose: Amend commercial fishing rules.

     Citation of Existing Rules Affected by this Order: Repealing WAC 220-52-05100S; 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 2011 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) opens the pot fishery season for spot shrimp in Region 3 west of Dungeness Light; (2) opens the Region 1B-20B beam trawl area on June 16; (3) initiates the weekly spot shrimp harvest limit; and (4) initiates the pot mesh size rule for spot shrimp. 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: June 7, 2011.

Philip Anderson

Director

     (1) Shrimp pot gear:

     (a) All waters of Shrimp Management Areas 1A, 1B, 1C, 2E, 2W, 3, 4, and 6 are open to the harvest of all non-spot shrimp species effective immediately, until further notice, except as provided for in this section:

     i) In Catch Area 22A, all waters inside and bounded by a line projected from Blakely Marina on the northwest corner of Blakely Island to Upright Head on Lopez Island, following the shoreline southerly on Lopez Island to intersect a line projected due west from Bald Bluff on Blakely Island, are closed until 7:00 a.m. June 16, 2011.

     ii) All waters of Catch Areas 23A-E, 23A-W, 23A-C and the Discovery Bay Shrimp District are closed.

     iii) All waters of Shrimp Management Area 1A north of a line projected at 48º.31.5' N latitude are closed.

     (b) All waters of Catch Areas 23A-S, 23C, 23D, and 29 are open to the harvest of all shrimp species, effective immediately until further notice.

     (c) The shrimp catch accounting week is Wednesday through Tuesday.

     (d) 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) It is unlawful to pull shellfish pots in more than one Catch Area per day.

     (f) 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 vertical knot of one mesh, when the mesh is stretched vertically.

     (2) Shrimp beam trawl gear:

     (a) Shrimp Management Area (SMA) 3 (outside of the Discovery Bay Shrimp District, Sequim Bay and Catch Area 23D) is open, effective 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) That portion of Catch Area 22A within SMA 1B is open, immediately until further notice.

     (c) That portion of Catch Area 20B within SMA 1B will open at 6:00 a.m. May 16, 2011, until further notice.

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

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     The following section of the Washington Administrative Code is repealed effective 6:00 a.m. June 8, 2011:

WAC 220-52-05100S

Puget Sound shrimp beam trawl fishery -- Season. (11-80)

© Washington State Code Reviser's Office