WSR 14-13-019 EMERGENCY RULES DEPARTMENT OF FISH AND WILDLIFE [Order 14-140—Filed June 9, 2014, 1:55 p.m., effective June 10, 2014, 11:59 p.m.] Effective Date of Rule: June 10, 2014, 11:59 p.m.
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 77.04.012, 77.04.020, and 77.12.047.
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 2014 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) closes the pot fishery season for nonspot shrimp in Shrimp Management Areas 1A, 1B and 1C, as the quota will be reached; (2) implements a trip limit of three hundred fifty pounds in Areas 1A, 1B and 1C until those areas close; and (3) implements a trip limit of five hundred pounds in Area 2W. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 9, 2014.
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 further notice, all waters of Shrimp Management Areas 1A, 1B, 1C, 2W, 3, 4, and 6 are open to the harvest of all non-spot shrimp species, except as provided below:
(i) All waters of Shrimp Management Area 2E, Catch Areas 23A-E, 23A-W, 23A-C and the Discovery Bay Shrimp District are closed.
(ii) All waters of Shrimp Management Area 1A north of a line projected at 48°.31.5' N latitude are closed.
(iii) Effective 6:00 p.m. June 17, 2014, all waters of Shrimp Management Areas 1A, 1B and 1C are closed.
(b) Effective immediately, until 6:00 p.m. June 17, it is unlawful for the combined total harvest of non-spot shrimp by a fisher or the fisher's alternate operator to exceed 350 pounds per management week from Shrimp Management Areas 1A, 1B and 1C.
(c) Effective immediately until further notice, it is unlawful for the combined total harvest of non-spot shrimp by a fisher or the fisher's alternate operator to exceed 500 pounds per management week from Shrimp Management Area 2W.
(d) The shrimp catch accounting week is Wednesday through Tuesday.
(e) It is unlawful to pull shellfish pots in more than one catch area per day.
(2) Shrimp beam trawl gear:
(a) Effective immediately until further notice, Shrimp Management Area (SMA) 3 (outside of the Discovery Bay Shrimp District, Sequim Bay and Catch Area 23D) is open. Sequim Bay includes those waters of Catch Area 25A south of a line projected west from Travis Spit on the Miller Peninsula.
(b) Effective immediately until further notice, that portion of Catch Area 22A within SMA 1B is open.
(c) Effective 6:00 a.m. June 16, 2014, that portion of Catch Area 20B within SMA 1B is open.
(3) All shrimp taken under this section must be sold to licensed Washington wholesale fish dealers.
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 effective 11:59 p.m. June 10, 2014:
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