WSR 19-17-011
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 19-187—Filed August 9, 2019, 12:09 p.m., effective August 10, 2019]
Effective Date of Rule: August 10, 2019.
Purpose: Amends Puget Sound commercial shrimp rules.
Citation of Rules Affected by this Order: Repealing WAC 220-340-52000E; 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 2019 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) continues the pot fishery season for spot shrimp; (2) implements a spot shrimp weekly limit for all areas; (3) implements a minimum mesh size restriction for spot shrimp gear; (4) implements two hundred pound weekly limits in Shrimp Management Areas (SMA) 1A and 1C for spot shrimp harvest; (5) closes a portion of MF/SF Catch Reporting Area 20B within SMA 1B to harvest of shrimp with trawl gear; and (6) maintains the 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 9, 2019.
Kelly Susewind
Director
NEW SECTION
WAC 220-340-52000FPuget Sound shrimp pot and trawl fishery—Season.
Notwithstanding the provisions of WAC 220-340-520, effective August 10, 2019 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, and 3 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 1A are open to harvest of spot shrimp and closed to the harvest of all other species of shrimp.
(iii) All waters of Shrimp Management Area 1B are closed to the harvest of all species of shrimp.
(iv) All waters of Shrimp Management Area 1C are open to harvest of spot shrimp and closed to the harvest of all other species of shrimp.
(v) All waters of Shrimp Management Area 2E are closed to the harvest of spot shrimp and open to the harvest of non-spot shrimps.
(vi) All waters of Shrimp Management Area 2W are closed to the harvest of spot shrimp and open to the harvest of non-spot shrimps.
(vii) All waters of 23A East in Shrimp Management Area 3 are closed to the harvest of spot shrimp and open to the harvest of non-spot shrimps.
(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. No more than 200 pounds of the 600 pound weekly limit can come from SMA 1A or SMA 1C.
(e) Effective immediately, until further notice, the remaining spot shrimp weekly management periods are (1) July 31 to August 6; (2) August 7 to August 13; (3) August 14 to August 20; (4) August 21 to August 27; (5) August 28 to September 3; and (6) September 4 to September 10.
(f) 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. 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 21A within SMA 1B is open.
(c) That portion of Catch Area 22A within SMA 1B is open.
(d) That portion of Catch Area 20B within SMA 1B is closed, effective August 10, 2019, until further notice.
(e) Catch Area 20A 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 August 10, 2019:
WAC 220-340-52000E | Puget Sound shrimp pot and beam trawl fishery—Season. (19-177) |