WSR 22-18-099
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 22-191—Filed September 7, 2022, 9:54 a.m., effective September 7, 2022, 9:54 a.m.]
Effective Date of Rule: Immediately upon filing.
Purpose: The provisions of this emergency rule:
WAC 220-340-52000E: Closes Subarea 23A-C, MSFS [MFSF] Catch Area 23B, Subarea 26B-2, and MFSF Catch Area 26D immediately; Shrimp Management Region 5 on September 10, 2022; and Shrimp Management Region 2E on September 11, 2022, to commercial spot shrimp pot harvest effective one hour after official sunset on the respective dates.
WAC 220-340-54000D: Closes [Subregion] 1B/22A; [Catch Area] 21A to commercial shrimp trawl harvest effective one hour after official sunset on September 10, 2022.
Citation of Rules Affected by this Order: Repealing WAC 220-340-52000D and 220-340-54000C; and amending WAC 220-340-520 and 220-340-540.
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 emergency rule is necessary to prosecute state commercial shrimp pot and trawl fisheries in Puget Sound. This rule both allows harvesters to 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 2, Amended 0, Repealed 2.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 7, 2022.
Kelly Susewind
Director
NEW SECTION
WAC 220-340-52000ECommercial shrimp pot fishery—Puget 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 Harvest:
(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) | Open period |
Subregion 1A | Immediately, until September 15 |
Subregion 1B | Closed |
Subregion 1C | Immediately, until September 15 |
Region 2E | Immediately, until September 11 |
Region 2W | Closed |
Subarea 23A-E | Immediately, until September 15 |
Subarea 23A-W | Closed |
Subarea 23A-C and MSFS Catch Area 23B | Closed |
Subarea 23A-S and MSFS Catch Area 23D | Immediately, until September 15 |
MFSF Catch Area 23C | Immediately, until September 15 |
MFSF Catch Area 25A, excluding the Discovery Bay Shrimp District | Immediately, until September 15 |
Discovery Bay Shrimp District | Closed |
MFSF 29 (Straits - Neah Bay) | Immediately, until September 15 |
Subarea 26B-1 and MFSF Catch Area 26C | Closed |
Subarea 26B-2 | Closed |
Region 5 | Immediately, until September 10 |
MFSF Catch Area 26D | Closed |
MFSF Catch Areas 28A, 28B, 28C, and 28D | Closed |
(b) 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) | Open period |
Subregion 1A | Closed |
Subregion 1B | Closed |
Subregion 1C | Immediately, through October 15, 2022 |
Region 2E | Closed |
Region 2W | Immediately, through October 15, 2022 |
Region 3, not including Discovery Bay Shrimp District | Immediately, through October 15, 2022 |
Discovery Bay Shrimp District | Immediately, through October 15, 2022 |
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.
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. NEW SECTION
WAC 220-340-54000DCommercial shrimp trawl fishery—Puget Sound.
Notwithstanding the provisions of WAC 220-340-540, effective one hour before official sunset on the dates listed in Table 1(a, b), until further notice, or until they expire pursuant to RCW
34.05.350, it is unlawful to fish for shrimp for commercial purposes using beam trawl gear in Puget Sound except as provided for in this section:
(1) Non-spot shrimp trawl harvest:
(a) Non-spot shrimp beam trawl harvest is permitted as indicated in the following table starting one hour before official sunrise until further notice.
Geographic Area Description (WAC 220-320-140(3)) | Open period |
Catch Area 20A outside of those waters north and east of a line from Point Roberts Light (48.9716°, -123.0838°) to Sandy Point Light at the Lummi Reservation (48.7868°, -122.7124°) | Open immediately, through October 15, 2022 |
Those waters of Catch Area 21A north and west of a line from the southern tip of Sinclair Island (48.6097°, -122.6572°) to Carter Point (48.6404°, -122.6088°) on Lummi Island. | Open immediately, through September 10, 2022 |
Subarea 23A East and MFSF Catch Areas 23B, 25A | Open immediately, through September 30, 2022 |
Subarea 23A West | Open immediately, through September 30, 2022 |
MFSF Catch Area 23C | Open immediately, through September 30, 2022 |
MFSF Catch Area 29 | Open immediately, through September 30, 2022 |
(b) Non-spot shrimp beam trawl harvest is permitted starting one hour before official sunrise in the areas detailed below contingent on the harvester bringing an on-board observer on the first trip into the area. If by-catch sampling criteria are not met these areas will open on the later dates described in WAC 220-340-530 (5d,e).
Geographic Area Description (WAC 220-320-140(3)) | Open period |
Those waters of Lopez Sound within subregion 1B that are south of a line projected true east-west from the northern tip of Trump Island (48.5064°, -122.8369°). | Open immediately, through September 10, 2022 |
That portion of Catch Area 22A within subregion 1B that are east of a line projected along -122.7833° longitude (east of Blakely Island) and west of a line projected along -122.7167° longitude (west of Cypress Island) in Rosario Strait. | Open immediately, through September 10, 2022 |
The remaining portions of Catch Areas 22A within subregion 1B not described above. | Immediately, through September 10, 2022 |
The remaining portions of Catch Areas 20B within subregion 1B not described above. | Immediately, through October 15, 2022 |
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 sections of the Washington Administrative Code are repealed:
WAC 220-340-52000D | Commercial shrimp pot fishery—Puget Sound. (22-179) |
WAC 220-340-54000C | Commercial shrimp trawl fishery—Puget Sound (22-162). |