WSR 22-16-025
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 22-151—Filed July 25, 2022, 3:50 p.m., effective July 25, 2022, 3:50 p.m.]
Effective Date of Rule: Immediately upon filing.
Purpose: The purpose of this emergency rule is to close commercial nonspot shrimp harvest in shrimp management subregion 1A on July 27, 2022.
Citation of Rules Affected by this Order: Repealing WAC 220-340-52000W; and amending WAC 220-340-520.
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: Permanent rules regulating State Commercial Shrimp Harvest in Puget Sound and the Strait of Juan de Fuca require adoption of harvest seasons contained in this emergency rule. This emergency rule:
(1) Closes the commercial nonspot shrimp fishery in subregion 1A in Puget Sound one hour after official sunset on July 27, 2022.
(2) Allows spot shrimp commercial harvest from select subareas and subregions simultaneously in a single day.
This emergency rule is necessary to prosecute state commercial  shrimp pot and trawl fisheries in Puget Sound. This rule allows harvesters to both respond to dynamic changes in market conditions and promotes full utilization of both the commercial spot and nonspot shares.  These rules are in congruence with comanager agreements. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: July 25, 2022.
Kelly Susewind
Director
NEW SECTION
WAC 220-340-52000XCommercial shrimp pot fisheryPuget Sound.
Notwithstanding the provisions of WAC 220-340-520, immediately, until further notice, or until they expire pursuant to RCW 34.05.350, it is unlawful to fish for shrimp for commercial purposes using pot gear in Puget Sound except as provided for in this section:
(1) In all areas fishers are limited to a maximum of 100 spot shrimp pots, as defined in WAC 220-340-520 (5)d, and a maximum of 100 non-spot shrimp pots, as defined in WAC 220-340-520 (5)e.
(2) Spot Shrimp Pot Harvests:
(a) Spot shrimp harvest is permitted as indicated in the following table opening one hour before official rise until further notice. Any closures take effect one hour after official sunset.
Geographical Management Unit (WAC 220-320-140)
Status
Effective Date
Subregion 1A
Open
immediately
Subregion 1B
Closed
 
Subregion 1C
Open
immediately
Region 2E
Closed
 
Region 2W
Closed
 
Subarea 23A-E
Open
immediately
Subarea 23A-W
Open
immediately
Subarea 23A-C and MSFS Catch Area 23B
Open
immediately
Subarea 23A-S and MSFS Catch Area 23D
Open
immediately
MFSF Catch Area 23C
Open
immediately
MFSF Catch Area 25A, excluding the Discovery Bay Shrimp District
Open
immediately
Discovery Bay Shrimp District
Closed
 
MFSF 29 (Straits - Neah Bay)
Open
immediately
Subarea 26B-1 and MFSF Catch Area 26C
Closed
 
Subarea 26B-2
Open
immediately
Region 5
Closed
 
MFSF Catch Area 26D
Closed
 
MFSF Catch Areas 28A, 28B, 28C, and 28D
Closed
 
(b) The first spot shrimp catch accounting period starts one hour before official sunrise on May 1, 2022, through one hour after official sunset on August 2, 2022.
(c) It is unlawful for the total harvest during the first spot shrimp accounting period to exceed 4,500 pounds of spot shrimp per license from all Puget Sound shrimp management regions combined.
(d) It is unlawful to harvest spot shrimp from more than one Geographical Management Unit listed in 2(a) in a single day with the following exceptions:
(i) Spot shrimp may be harvested from subregion 1A and subregion 1C on the same day.
(ii) Spot shrimp may be harvested from subarea 23A-E, and either 23A-W, 23A-C or MFSF Catch Area 23B on the same day.
(3) Non-spot shrimp pot harvests:
(a) Non-spot shrimp pot harvest is permitted as indicated in the following table opening one hour before official rise until further notice. Any closures take effect one hour after official sunset.
Geographical Management Unit (WAC 220-320-140)
Status
Effective Date
Subregion 1A
See Subsection 3(g)
See Subsection 3(g)
Subregion 1B
Closed
 
Subregion 1C
Closed
 
Region 2E
Open
immediately
Region 2W
Open
immediately
Region 3, not including Discovery Bay Shrimp District
Open
immediately
Discovery Bay Shrimp District
Open
immediately
Region 4
Closed
 
Region 5
Closed
 
Region 6
Closed
 
(b) The non-spot shrimp catch accounting period is weekly from one hour before official sunrise each Wednesday through one hour after official sunset on the subsequent Tuesday, totaling 7 days in length.
(c) It is unlawful for the combined total harvest of non-spot shrimp per license to exceed 700 pounds per non-spot shrimp catch accounting week from subregions 1A, 1B, 1C, and Region 2E combined.
(d) There is no weekly harvest limit of non-spot shrimp from Region 2W, Region 3, and Discovery Bay Shrimp District.
(e) Harvest of non-spot shrimp is not permitted deeper than 175 feet in subarea 23A East or subregion 1A.
(f) It is unlawful to harvest non-spot shrimp in more than one Geographical Management unit listed in subsection 3(a) in a single day with the following exceptions:
(i) Non-spot shrimp may be harvested from more than one subregion of Region 1 on the same day.
(ii) Non-spot shrimp may be harvested from Discovery Bay Shrimp District and Region 3 on the same day.
(g) Non-spot pot harvest is permitted in subregion 1A effective immediately through one hour after official sunset on July 27, 2022 or when the available commercial share has been harvested, whichever comes first.
Reviser's note: The typographical errors in the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.
REPEALER
The following section of Washington Administrative Code is repealed effective immediately:
WAC 220-340-52000W
Commercial shrimp pot fisheryPuget Sound. (22-119)