WSR 19-19-057
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 19-221—Filed September 16, 2019, 10:21 a.m., effective September 16, 2019, 10:21 a.m.]
Effective Date of Rule: Immediately upon filing.
Purpose: Amend recreational shrimping rules in Puget Sound.
Citation of Rules Affected by this Order: Repealing WAC 220-330-07000U, 220-330-07000V, and 220-330-01000F; and amending WAC 220-330-070.
Statutory Authority for Adoption: RCW 77.04.012, 77.04.020, 77.12.045, and 77.12.047.
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: This regulation is needed to ensure an orderly fishery, manage the fishery within court ordered sharing requirements, and ensure conservation. Spot shrimp seasons run through September 15, 2019. This regulation closes the recreational spot shrimp fishery in Marine Areas 4 (east of the Bonilla-Tatoosh line), 5, 6 (excluding the Discovery Bay Shrimp District) to protect female spot shrimp during the onset of the egg-bearing period. This also removes the bonus limit of one hundred twenty shrimp in Marine Area 6 (excluding the Discovery Bay Shrimp District). Harvestable amounts of nonspot shrimp are available in several marine areas, and the depth restrictions and area closures are in effect to protect spot shrimp consistent with signed management plans. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 3.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 16, 2019.
Kelly Susewind
Director
NEW SECTION
WAC 220-330-07000VShrimpAreas and seasons.
Notwithstanding the provisions of WAC 220-330-070, effective immediately until further notice, it is unlawful to fish for or possess shrimp taken for personal use in all waters of Marine Areas 4 (east of the Bonilla-Tatoosh line), 5, 6, 7, 8-1, 8-2, 9, 10, 11, 12, 13 and the Discovery Bay Shrimp District, except as provided for in this section:
(1) Marine Areas 4 (east of the Bonilla-Tatoosh line) and 5 are open daily to the harvest of all shrimp species except spot shrimp. All spot shrimp caught must be immediately returned to the water unharmed.
(2) All waters equal to or less than 200 feet in Marine Area 6 (excluding the Discovery Bay Shrimp District), and 7 East are open daily until further notice to the harvest of all species except spot shrimp. All spot shrimp caught must be immediately returned to the water unharmed. It is unlawful to set or pull shrimp gear in waters greater than 200 feet deep.
(3) All waters equal to or less than 150 feet Marine Areas 8-1, 8-2, 9, and 11 are open daily until further notice to the harvest of all species except spot shrimp. All spot shrimp caught must be immediately returned to the water unharmed. It is unlawful to set or pull shrimp gear in waters greater than 150 feet deep.
(4) All waters equal to or less than 250 feet Marine Area 13 are open daily until further notice to the harvest of all species except spot shrimp. All spot shrimp caught must be immediately returned to the water unharmed. It is unlawful to set or pull shrimp gear in waters greater than 250 feet deep.
REPEALER
The following sections of the Washington Administrative Code are repealed:
WAC 220-330-07000U
ShrimpAreas and seasons. (19-186)
WAC 220-330-01000F
ShellfishDaily limits. (19-156)
The following section of the Washington Administrative Code is repealed effective October 16, 2019:
WAC 220-330-07000V
ShrimpAreas and seasons.