WSR 16-12-032 EMERGENCY RULES DEPARTMENT OF FISH AND WILDLIFE [Order 16-119—Filed May 24, 2016, 12:14 p.m., effective May 24, 2016, 11:59 p.m.] Effective Date of Rule: May 24, 2016, 11:59 p.m.
Purpose: Amend commercial fishing rules for Puget Sound shrimp.
Citation of Existing Rules Affected by this Order: Repealing WAC 220-52-05100M; and amending WAC 220-52-051.
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 2016 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 Area 2E, as the quota will be reached; and (2) opens the beam trawl fishery in Shrimp Management Area 1B-20B on June 16. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: May 24, 2016.
Joe Stohr for
J. W. Unsworth
Director
NEW SECTION
WAC 220-52-05100N Puget Sound shrimp pot and 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, 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 Marine Fish/Shellfish Management and Catch Reporting Area (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 6:00 a.m. June 16, 2016.
(ii) All waters of Shrimp Management Area 2E and 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 48°.31.5' N latitude are closed.
(b) Effective immediately, until further notice, it is unlawful for the combined total harvest of non-spot shrimp by a fisher and/or the fisher's alternate operator to exceed 900 pounds from Shrimp Management Areas 1A, 1B, 1C and 2W.
(c) The shrimp catch accounting week is Wednesday through Tuesday.
(d) It is unlawful to pull shellfish pots in more than one catch area per day.
(2) Shrimp 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) That portion of Catch Area 22A within SMA 1B is open.
(c) That portion of Catch Area 20B within SMA 1B is open effective 6:00 a.m. June 16, 2016, until further notice.
(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. May 24, 2016:
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