Effective Date of Rule: May 1, 2020, 6:00 a.m.
Purpose: This emergency rule (1) defines the Shrimp Management Areas and Regions open to spot and nonspot commercial harvest; (2) sets harvest restrictions for and opens the nonspot commercial pot fishery; (3) sets harvest restrictions for and opens the spot commercial pot fishery; (4) sets the harvest and gear limitations for and opens the Puget Sound shrimp trawl fishery; and (5) requires purchase of shrimp harvested by the designated fisheries to be done by appropriately licensed dealers.
Citation of Rules Affected by this Order: Repealing WAC 220-340-52000K; and amending WAC 220-340-520.
Reasons for this Finding: The 2020 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 regulation is required to allow adequate flexibility for the state commercial shrimp fisheries to respond to dynamic changes in market conditions and ongoing changes of public health practices arising from the global COVID-19 pandemic. Sections of this regulation add additional reporting requirements to allow managers to track commercial fishing effort[s] and to limit interaction between the state commercial harvesters and recreational users. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: April 30, 2020.
Notwithstanding the provisions of WAC 220-340-520, effective 6:00 a.m. May 1, 2020, until further notice, or until they expire pursuant to RCW
34.05.350, it is unlawful to fish for shrimp for commercial purposes in Puget Sound except as provided for in this section:
(1) Shrimp Pot Harvests:
(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 Marine Fish/Shellfish Management and Catch Reporting Area (Catch Area) 23A-E, 23A-W, 23A-C is closed to the harvest of non-spot shrimp.
(ii) Discovery Bay Shrimp District is closed to the harvest of all shrimp species.
(iii) In Catch Area 22A, all waters inside and bounded by a line projected from Blakely Marina on the northwest corner of Blakely Island to Upright Head on Lopez Island, following the shoreline southerly on Lopez Island to intersect a line projected due west from Bald Bluff on Blakely Island, are closed until 6:00 a.m. June 16, 2020.
(iv) Shrimp Management Areas 1B, 2E, and 2W are closed to the harvest of spot shrimp.
(2) Shrimp Non-spot Pot Harvest Restrictions
(a) Effective 12:01 a.m. May 1, 2020, until further notice, the non-spot shrimp catch accounting period is weekly from Wednesday through Tuesday, totaling 7 days in length.
(b) Effective 6:00 a.m. May 1, 2020 until 11:59 p.m. May 5, 2020, it is unlawful for the combined total harvest of non-spot shrimp by a fisher or the fisher's alternate operator to exceed 400 pounds per catch accounting week from Shrimp Management Areas 1A, 1B, 1C, 2E and 2W combined.
(c) Effective 12:01 a.m. May 6, 2020, 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 shrimp catch accounting week from Shrimp Management Areas 1A, 1B, 1C, 2E and 2W combined.
(d) It is unlawful to harvest non-spot and spot shrimp in the same day.
(e) It is unlawful to harvest shrimp in more than one catch area per day.
(3) Shrimp Spot Pot Harvest Restrictions:
(a) Effective 12:01 a.m. May 5, 2020, until 11:59 July 14, 2020, the initial spot shrimp catch accounting period is from Tuesday, May 5, 2020 through 11:59 p.m. on Tuesday, July 14, 2020.
(b) For the catch accounting period defined in 3(a) of this rule each fisher or alternate operator is required to report their intended catch area of harvest prior to the deployment of any spot shrimp gear to either shrimp.report@dfw.wa.gov or by text message to 360-302-6372.
(c) Effective 6:00 a.m. May 5, 2020 until 11:59 p.m. July 14, 2020, it is unlawful for the combined total harvest of spot shrimp by a fisher or the fisher's alternate operator to exceed 2000 pounds for the initial catch accounting period from Shrimp Management Areas 1A, 1C, and 3 combined.
(d) It is lawful to commercially harvest spot shrimp from 6:00 a.m. on May 5, 2020 until 11:59 p.m. July 14, 2020, except from 12:00 a.m. May 16, 2020 to 11:59 p.m. May 17, 2020.
(e) All commercial spot shrimp gear must be retrieved by 7:59 p.m. on May 15, 2020 and cannot be deployed until 6:00 a.m. on May 18, 2020.
(f) Effective 12:00 a.m. on July 15, 2020 until further notice, the second spot shrimp catch accounting period is biweekly from Wednesday through Tuesday, totaling 14 days in length, it is unlawful for the combined total harvest of spot shrimp by a fisher or the fisher's alternate operator to exceed 1200 pounds per catch accounting period from Shrimp Management Areas 1A, 1C, and 3 combined.
(g) It is unlawful to harvest non-spot and spot shrimp in the same day.
(h) It is unlawful to harvest shrimp in more than one catch area per day.
(4) 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 east of a line projected 122.47°W longitude and west of a line projected 122.43°W longitude in Rosario Strait is open.
(c) The remaining portion of Catch Area 22A within SMA 1B will open effective 6:00 a.m. May 16, 2020, until further notice.
(5) All shrimp taken under this section must be sold to licensed Washington State wholesale fish dealers.
The following section of the Washington Administrative Code is repealed effective immediately: