WSR 18-18-087
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 18-228—Filed September 4, 2018, 4:16 p.m., effective September 4, 2018, 4:16 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 220-340-52000V; 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 spot shrimp for the final clean-up fishery; (2) implements a nonspot and spot shrimp weekly limit for all areas; (3) implements a minimum mesh size restriction for spot shrimp gear; (4) retains the opening of the 1B-21A trawl fishery season; (5) closes SMA 3 (25A) to all shrimp trawl fishing; (6) maintains the closures of SMA 1A and 3 (25A) to spot prawn harvest; (7) sets a weekly trip limit of 300 pounds for spot shrimp for SMA 3 (23A South, 23D),(23C) and (29); (8) Opens SMA 1B, 1C, 3 (23A Central, 23B) and 4 (26B 2) for specific clean-up amounts; and (9) 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: September 4, 2018.
Kelly Susewind
Director
NEW SECTION
WAC 220-340-52000WPuget 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 4 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) Waters of Shrimp Management Area 3 (23A East) are closed to the harvest of spot shrimp.
(iii) Waters of Shrimp Management Area 3 (25A) are closed to the harvest of spot shrimp.
(iv) Waters of Shrimp Management Area 3 (23A West) are closed to the harvest of spot shrimp.
(v) Waters of Shrimp Management Area 3 (23A Central, 23B) is open for a maximum harvest of 273 pounds of spot shrimp.
(vi) Waters of Shrimp Management Area 1A (20B and 22A West) are closed to the harvest of spot shrimp.
(vii) Waters of Shrimp Management Areas 1B (20B, 22A East, 21A) is open for a maximum of 427 pounds of spot shrimp.
(viii) Waters of Shrimp Management Area 1C (20A, 21A, 21B and 22B) is open for a maximum of 437 pounds of spot shrimp.
(ix) Waters of Shrimp Management Area 4 (26B 2) is open for a maximum harvest of 550 pounds of spot shrimp. SMA 4 (26B 1, 26C) is closed for the harvest of all 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 300 pounds for the weekly management period in Shrimp Management Area 3 (23A South, 23D), SMA 3 (23C) and SMA 3 (29). The Shrimp Management Areas above outline other regional spot shrimp limits.
(e) The current weekly management period for shrimp is September 5 to September 11.
(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 (not including the Discovery Bay Shrimp District, Sequim Bay and Catch Area 23D) is open, effective immediately, until further notice. Sequim Bay includes that portion of Catch Area 25A south of a line projected west from Travis Spit on the Miller Peninsula.
(b) Marine Fish Shellfish Catch Area 25A is closed to trawl activity for the season.
(c) That portion of Catch Area 22A within SMA 1B is open.
(d) That portion of Catch Area 20B within SMA 1B is open.
(e) 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 220-340-52000V | Puget Sound shrimp pot and beam trawl fishery—Season. (18-218) |