WSR 14-16-051 EMERGENCY RULES DEPARTMENT OF FISH AND WILDLIFE [Order 14-191—Filed July 29, 2014, 2:22 p.m., effective July 29, 2014, 11:59 p.m.] Effective Date of Rule: July 29, 2014, 11:59 p.m.
Purpose: Amend commercial fishing rules.
Citation of Existing Rules Affected by this Order: Repealing WAC 220-52-05100T; 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) Implements a spot shrimp biweekly limit of six hundred pounds in Shrimp Management Areas 1A and 1C; and (2) opens the 20A beam trawl fishery. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: July 29, 2014.
Philip Anderson
Director
NEW SECTION
WAC 220-52-05100U 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) All waters of Shrimp Management Areas 1A, 1C, 2W, 3, 4, 5 and 6 are open to the harvest of all shrimp species, except:
i) All waters of the Discovery Bay Shrimp District are closed.
ii) All waters of Shrimp Management Areas 2W, 4, 6 and Catch Areas 23A-E and 25A are closed to the harvest of spot shrimp.
iii) All waters of Shrimp Management Areas 1A and 1C are closed to the harvest of all species other than spot shrimp.
(b) The spot shrimp catch accounting biweekly management periods are July 30 through August 12.
(c) It is unlawful for the combined total harvest of spot shrimp by a fisher and/or the fisher's alternate operator to exceed 1,200 pounds per biweekly management period, except 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 biweekly management period in Shrimp Management Area 1A and 600 pounds per biweekly management period in Shrimp Management Area 1C.
(d) It is unlawful to pull shellfish pots in more than one catch area per day.
(e) 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. 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 20B, 21A and 22A within SMA 1B are open.
(c) Effective 6:00 a.m. August 1, 2014, until further notice, all waters of Catch Area 20A are open.
(3) All shrimp taken under this section must be sold to licensed Washington wholesale fish dealers.
REPEALER
The following section of the Washington Administrative Code is repealed effective 11:59 p.m. July 29, 2014:
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