WSR 23-10-053
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 23-62—Filed April 28, 2023, 3:03 p.m., effective May 1, 2023]
Effective Date of Rule: May 1, 2023.
Purpose: This emergency rule:
WAC 220-340-52000F:
(1) Clarifies the pot limit for shrimp pot fisheries is specific to each gear type and allows a separate maximum 100 pot limit for spot shrimp pots and nonspot shrimp pots, respectively.
(2) Permits shrimp pot barging for 48 hours following the May 1 season opening.
(3) Opens spot shrimp quota areas, defines the first spot shrimp catch accounting period as being from May 1 to August 1, 2023, and allows 5,000 pounds of spot shrimp to be harvested per license for the first catch accounting period.
(4) Defines the nonspot species complex.
(5) Opens nonspot shrimp quota areas, defines the nonspot shrimp catch accounting periods; sets per license catch limit of 1,500 lbs for catch period one and 1,200 pounds for each subsequent catch period; in subregions 1A, 1B, and 1C and Region 2E, clarifies there is no weekly harvest limit in Regions 3 or 2W; and sets a 175 foot depth limit in subregion 1A and subarea 23A East.
(6) Modifies harvest restrictions for spot and nonspot shrimp fisheries.
WAC 220-320-14000A:
Defines beam trawl areas for the purpose of designating fishing seasons.
WAC 220-340-54000F:
(1) Opens Region 3 shrimp trawl fisheries on May 1, 2023.
(2) Opens Region 1 trawl fisheries as required by permanent rule.
Citation of Rules Affected by this Order: Amending WAC 220-320-140, 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: 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 is necessary to prosecute state commercial shrimp pot and trawl fisheries in Puget Sound. This rule 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 3, Amended 0, Repealed 0.
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 28, 2023.
Amy H. Windrope
for Kelly Susewind
Director
NEW SECTION
WAC 220-340-52000FCommercial 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) It is unlawful for a vessel not designated on a Puget Sound Shrimp Pot License to deploy shrimp gear except under the following conditions:
i. The vessel deploys pot gear only during the 48-hour period immediately following the May 1, 2023, opening;
ii. The primary or alternate operator designated on the license associated with the barged gear is on board the nondesignated vessel ("barge" vessel) while the gear is being deployed; and
iii. The Puget Sound Shrimp Pot License holder who owns the gear intended for barging has provided notice to the department via email at shrimp.report@dfw.wa.gov at least 24 hours in advance of the fishery opening date. Notice must include the following information:
(i) Name and license number(s) of the owner of the gear being barged;
(ii) Name of the designated primary operator, if different from the licensed owner;
(iii) Name of the alternate operator, if used to deploy pots from a nondesignated vessel;
(iv) Number of pots to be deployed from a nondesignated vessel;
(v) Name and identification numbers (WN and/or Coast Guard) of the nondesignated vessel;
(vi) Puget Sound Shrimp Management Region and MFSF Catch Area(s) gear will be deployed in.
(3) 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; WAC 220-320-120) | Open Date |
Subregion 1A | May 8, 2023 |
Subregion 1B | Closed |
Subregion 1C | May 8, 2023 |
Region 2E | Closed |
Region 2W | Closed |
Subarea 23A-E | May 8, 2023 |
Subarea 23A-W | May 8, 2023 |
Subarea 23A-C and MSFS Catch Area 23B | May 8, 2023 |
Subarea 23A-S and MSFS Catch Area 23D | May 8, 2023 |
MFSF Catch Area 23C | May 8, 2023 |
MFSF Catch Area 25A, excluding the Discovery Bay Shrimp District | May 8, 2023 |
Discovery Bay Shrimp District | Closed |
MFSF 29 (Straits - Neah Bay) | May 8, 2023 |
Subarea 26B-1 and MFSF Catch Area 26C | Closed |
Subarea 26B-2 | Closed |
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 started one hour before official sunrise on May 8, 2023, through one hour after official sunset on August 1, 2023.
(c) It is unlawful for the total harvest during the first spot shrimp accounting period to have exceeded 5,000 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.
(e) It is lawful to have deactivated non-spot shrimp pots on-board of a commercial vessel that is listed on a Puget Sound shrimp pot license while fishing for spot shrimp.
A deactivated pot is un-baited, has the draw string or door fastened open, and/or is unable to be readily fished.
(4) Non-spot shrimp pot harvests:
(a) The non-spot shrimp species complex is defined as the following species of pandalid shrimp classified in WAC 220-320-010: Dock shrimp (Pandalus danae), Coonstripe shrimp (Pandalus hypsinotus), Humpy shrimp (Pandalus goniurus), Ocean pink shrimp (Pandalis jordani), pink shrimp (Pandalus eous), Side stripe shrimp (Pandalus dispar).
(b) 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; WAC 220-320-120) | Open Date |
Subregion 1A | May 1, 2023 |
Subregion 1B | May 1, 2023 |
Subregion 1C | May 1, 2023 |
Region 2E | May 1, 2023 |
Region 2W | May 1, 2023 |
Region 3, not including Discovery Bay Shrimp District | May 1, 2023 |
Discovery Bay Shrimp District | May 1, 2023 |
Region 4 | Closed |
Region 5 | Closed |
Region 6 | Closed |
(c) The non-spot shrimp catch accounting periods begin one hour before official sunrise and end one hour after official sunset on the date listed in the following table:
Period Number | Start Date | End Date |
1 | 5/1/2023 | 5/16/2023 |
2 | 5/17/2023 | 5/30/2023 |
3 | 5/31/2023 | 6/13/2023 |
4 | 6/14/2023 | 6/27/2023 |
5 | 6/28/2023 | 7/11/2023 |
6 | 7/12/2023 | 7/25/2023 |
7 | 7/26/2023 | 8/8/2023 |
8 | 8/9/2023 | 8/22/2023 |
9 | 8/23/2023 | 9/5/2023 |
10 | 9/6/2023 | 9/19/2023 |
11 | 9/20/2023 | 10/3/2023 |
12 | 10/4/2023 | 10/15/2023 |
(d) It is unlawful for the total harvest of non-spot shrimp per license to exceed 1,500 pounds during non-spot shrimp catch accounting period number 1 from subregions 1A, 1B, 1C, and Region 2E combined.
(e) It is unlawful for total harvest of non-spot shrimp to exceed 1,200 pounds per non-spot shrimp catch accounting period from subregions 1A, 1B, 1C, and Region 2E combined during catch accounting periods 2 through 12.
(f) There is no weekly harvest limit of non-spot shrimp from Region 2W, Region 3, or the Discovery Bay Shrimp District.
(g) Harvest of non-spot shrimp is not permitted deeper than 175 feet in Catch Area 23A and all of its subareas (23AE, 23AW, 23AC, 23AS).
(h) Harvest of non-spot shrimp is not permitted deeper than 175 feet in subregion 1A.
(i) 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.
(j) It is lawful to have deactivated spot shrimp pots on-board of a commercial vessel that is listed on a Puget Sound shrimp pot license while fishing for non-spot shrimp.
A deactivated pot is un-baited, has the draw string or door fastened open, and/or is unable to be readily fished.
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 220-320-14000ACommercial shrimp geographical management units—Puget Sound.
Notwithstanding the provisions of WAC 220-320-140, for the purposes of Puget Sound shrimp trawl fishing seasons the following areas are designated as 'Beam Trawl Areas'. Non-spot shrimp trawl harvest areas:
Non-spot shrimp beam trawl specific harvest area definitions:
Name | Geographic Area Description(WAC 220-320-140(3)) |
South Lopez Sound | 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°). |
Rosario Box | 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. |
Lummi-Sinclair Triangle | 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. |
NEW SECTION
WAC 220-340-54000FCommercial shrimp trawl fishery—Puget Sound.
Notwithstanding the provisions of WAC 220-340-540, 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 beam trawl gear in Puget Sound except as provided for in Tables a, b, and c of this section:
(a) Non-spot shrimp beam trawl harvest is permitted starting one hour before official sunrise on the hard season opening dates listed for each of the areas detailed below.
Geographic Area Description((WAC 220-320-140(3); WAC 220-320-120) | 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°) | August 1, 2023 |
Those waters within the Lummi-Sinclair Triangle. | July 1, 2023 |
Those waters of South Lopez Sound. | July 10, 2023 |
All waters within subregion 1B, excluding those waters of South Lopez Sound and the Lummi-Sinclair Triangle. | June 16, 2023 |
Subarea 23A East, MFSF Catch Areas 23B, and MFSF Catch Area 25A outside of the Discovery Bay Shrimp District. | May 1, 2023 |
Subarea 23A West | May 1, 2023 |
MFSF Catch Area 23C | May 1, 2023 |
MFSF Catch Area 29 | May 1, 2023 |
(b) Non-spot shrimp beam trawl harvest is permitted starting one hour before official sunrise in the areas detailed below contingent on the harvester coordinating an on-board observing trip of 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); WAC 220-320-120) | Open period |
Those waters within the Rosario Box. | May 1, 2023 |
Those waters of Catch Area 22A within subregion 1B, excluding the Rosario Box and South Lopez Sound. | May 16, 2023 |
Those waters of Catch Area 20B within subregion 1B. | May 16, 2023 |
(c) Non-spot shrimp beam trawl harvest is not permitted in the areas of Shrimp Management Regions 1 and 3 detailed below.
Geographic Area Description (WAC 220-320-140(3); WAC 220-320-120) |
Discovery Bay Shrimp District |
Sequim Bay CSMA |
MFSF Catch Area 23D |
Subregion 1A |
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.