WSR 18-20-061
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 18-267—Filed September 27, 2018, 10:37 a.m., effective September 27, 2018, 10:37 a.m.]
Effective Date of Rule: Immediately upon filing.
Purpose: Amends Puget Sound commercial shrimp rules.
Citation of Rules Affected by this Order: Repealing WAC 220-340-52000Y; 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) Closes the commercial spot shrimp fishery for the season; (2) implements a nonspot weekly limit per fisher for the remainder of the season in the remaining open areas of eight hundred pounds per week per fisher; (3) defines the final closing date and time for both the nonspot and trawl fisheries; (4) retains the opening of the 1B-21A trawl fishery season; (5) maintains the closure of SMA 3 (25A) to all shrimp trawl fishing; (6) maintains other previous provisions 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 27, 2018.
Joe Stohr
for Kelly Susewind
Director
NEW SECTION
WAC 220-340-52000ZPuget 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) Non-spot shrimp are closed in all Shrimp Management Areas (SMA) with the following exceptions:
(i) Waters of Shrimp Management Area 2 West (25B, 25C, 25D and 26A West) are open immediately until 6:00 PM, October 15, 2018. The total harvest for this area cannot exceed 4,473 pounds of non-spot shrimp.
(ii) Waters of Shrimp Management Area 3 (23A, 23B, 23C, 23D, 25A and 29) are open immediately until 6:00 PM, October 15, 2018. The total harvest for this area cannot exceed 3,459 pounds of non-spot shrimp.
(b) Spot shrimp are closed in all Shrimp Management Areas (SMA).
(c) Effective immediately, until further notice, it is unlawful for a fisher or the fisher's alternate operator to exceed 800 pounds of non-spot shrimp per weekly management period.
(d) The weekly management period for shrimp is Wednesday to Tuesday until the closure on October 15, 2018.
(e) It is unlawful to pull shellfish pots in more than one catch area per day.
(2) Shrimp trawl gear:
(a) The shrimp trawl fishery will remain open until 6:00 PM, October 15, 2018 with the follow stipulations:
(i) Shrimp Management Area (SMA) 3 (not including the Discovery Bay Shrimp District, Sequim Bay and Catch Area 23D) is open. Sequim Bay includes that portion of Catch Area 25A south of a line projected west from Travis Spit on the Miller Peninsula.
(ii) Marine Fish Shellfish Catch Area 25A within SMA 3 is closed to trawl activity for the season.
(iii) That portion of Catch Area 22A within SMA 1B is open.
(iv) That portion of Catch Area 20B within SMA 1B is open.
(v) That portion of Catch Area 21A within SMA 1B is 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:
WAC 220-340-52000Y | Puget Sound shrimp pot and beam trawl fishery—Season. (18-250) |