WSR 18-18-035
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 18-218—Filed August 28, 2018, 4:56 p.m., effective August 28, 2018, 4:56 p.m.]
Effective Date of Rule: Immediately upon filing.
Purpose: Amends Puget Sound commercial shrimp rules.
Citation of Rules Affected by this Order: Repealing WAC 220-340-52000U; and amending WAC 220-340-520.
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 2018 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 the pot fishery season for spot shrimp; (2) implements a nonspot and spot shrimp weekly limit for all areas; (3) implements a minimum mesh size restriction for spot shrimp gear; (4) opens the 1B-21A trawl fishery season; (5) maintains the closures of SMA 1A, 1C and 3 (25A) to spot prawn harvest; (6) opens SMA 5 from August 29 to August 31 to spot prawns for a maximum of four thousand seven hundred fifty pounds; (7) sets a weekly trip limit of six hundred pounds for spot shrimp for SMA 3 (23A South, 23D); (8) closes SMA 1B; (9) closes SMA 3 (23A Central, 23B) and SMA 3 (23A West); and (10) maintains the other previous regulations and restrictions for the nonspot trawl and pot fisheries. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: August 28, 2018.
Nate Pamplin
for Kelly Susewind
Director
NEW SECTION
WAC 220-340-52000VPuget Sound shrimp pot and trawl fishery—Season.
Notwithstanding the provisions of WAC 220-340-520, 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 (SMA) 1, 2E, 2W, 3 and 5 are open to the harvest of all shrimp species, effective immediately, until further notice, except as provided for in this section:
(i) All waters of the Discovery Bay Shrimp District are closed.
(ii) All waters of Shrimp Management Area 5 are open for spot shrimp from 8:00 am, August 29 to 7:00 pm, August 31, 2018. SMA 5 is closed to the harvest of non-spot shrimp.
(iii) Waters of Shrimp Management Area 3 (23A East) are closed to the harvest of spot shrimp.
(iv) Waters of Shrimp Management Area 3 (25A) are closed to the harvest of spot shrimp.
(v) Waters of Shrimp Management Area 3 (23A West) are closed to the harvest of spot shrimp.
(vi) Waters of Shrimp Management Area 3 (23A Central, 23B) are closed to the harvest of spot shrimp.
(vii) Waters of Shrimp Management Area 1A (20B and 22A West) are closed to the harvest of spot shrimp.
(viii) Waters of Shrimp Management Areas 1B (20B, 22A East, 21A) are closed to the harvest of spot shrimp.
(ix) Waters of Shrimp Management Area 1C (20A, 21A, 21B and 22B) are closed to the harvest of spot shrimp.
(x) All waters of Shrimp Management Area 2E are closed to the harvest of spot shrimp.
(xi) All waters of Shrimp Management Area 2W are closed to the harvest of spot shrimp.
(b) 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 600 pounds per weekly management period from Shrimp Management Area 2W and 2E combined.
(c) Effective immediately, until further notice, the shrimp weekly management period is Wednesday through Tuesday.
(d) Effective immediately, until further notice, it is unlawful for the combined total harvest of spot shrimp by a fisher or the fisher's alternate operator to exceed 600 pounds per weekly management period.
(e) The current weekly spot shrimp management period is August 29 to September 4.
(f) Only pots with a minimum mesh size of 1 inch may be pulled 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. There is no size restriction for spot shrimp.
(g) 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, 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) That portion of Catch Area 22A within SMA 1B is open.
(c) That portion of Catch Area 20B within SMA 1B is open.
(d) That portion of Catch Area 21A within SMA 1B is open until further notice.
(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:
WAC 220-340-52000U | Puget Sound shrimp pot and beam trawl fishery—Season. (18-208) |