WSR 12-19-004

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 12-202 -- Filed September 5, 2012, 4:09 p.m. , effective September 5, 2012, 4:09 p.m. ]


Effective Date of Rule: Immediately.

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 2012 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 up a twenty-four hour "clean up" fishery with one hundred pound limits in SMA 1A and Catch Area 23A-S, 23D and 25A; (2) reopens Catch Areas 23A-W and 26D, as there is remaining quota available; and (3) lowers the weekly limit in Catch Area 23A-W. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 5, 2012.

Philip Anderson

Director


NEW SECTION
WAC 220-52-05100T   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) Spot shrimp:

i) Effective immediately until further notice, all waters of Catch Areas 23A-W, 23C, 26D, 28A, 28B, 28C and 29 are open, except as provided for in this section:

a. All waters of Catch Area 23A-W east of the W 123 03' longitude line are closed.

ii) Effective 6:00 a.m., September 6, 2012, until 6:00 p.m. September 7, 2012, all waters of SMA 1A and Catch Areas 23A-S, 23D and 25A are open.

(b) Shrimp species other than spot shrimp:

i) Effective immediately until further notice, all waters of Shrimp Management Areas (SMA) 1A, 1B, 1C, 2W, 3 and 6 are open, except as provided for in this section:

a. All waters of the Discovery Bay Shrimp District are closed.

b. All waters of SMA 1A are closed, except that those waters of SMA 1A south of line projected at 48.31.5' N latitude are open.

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

(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, with the following exceptions:

i) It is unlawful for the total harvest of spot shrimp by a fisher and/or the fisher's alternate operator to exceed 300 pounds per week in Catch Area 23A-W.

ii) Effective 6:00 a.m., September 6, 2012, until 6:00 p.m. September 7 2012, it is unlawful for the total harvest of spot shrimp by a fisher and/or the fisher's alternate operator to exceed 100 pounds per week in SMA 1A and Catch Areas 23A-S, 23D and 25A.

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

(c) All waters of Catch Area 20A are open, effective immediately until further notice.

(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:
WAC 220-52-05100S Puget Sound shrimp beam trawl fishery -- Season. (12-195)