WSR 14-18-074 EMERGENCY RULES DEPARTMENT OF FISH AND WILDLIFE [Order 14-235—Filed September 2, 2014, 4:00 p.m., effective September 2, 2014, 11:59 p.m.] Effective Date of Rule: September 2, 2014, 11:59 p.m.
Purpose: Amend commercial fishing rules.
Citation of Existing Rules Affected by this Order: Repealing WAC 220-52-05100W; 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 temporarily closes all open shrimp management areas to spot shrimp fishing, as industry has requested a closure to give time for an industry-wide meeting to plan a harvest strategy for the remainder of the spot shrimp season. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 2, 2014.
Philip Anderson
Director
NEW SECTION
WAC 220-52-05100X 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 in this section:
(1) Shrimp pot gear:
(a) All waters of Shrimp Management Areas 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; and
(ii) All waters of Shrimp Management Areas 2W, 3, 4, 5 and 6 are closed to the harvest of spot shrimp.
(b) It is unlawful to pull shellfish pots in more than one catch area per day.
(c) 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) 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. September 2, 2014:
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