WSR 23-17-120
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 23-172—Filed August 18, 2023, 3:44 p.m., effective August 18, 2023, 3:44 p.m.]
Effective Date of Rule: Immediately upon filing.
Purpose: This emergency rule:
(1) Defines the second spot shrimp catch accounting period as being from August 2 to 18, 2023, and allows 5,400 pounds of spot shrimp to be harvested per license for the first and second catch accounting periods combined.
(2) Opens areas for commercial spot shrimp clean-up fisheries.
(3) Sets hard closure dates agreed to with comanagers for spot shrimp fisheries.
(4) Sets hard closure dates agreed to with comanagers for nonspot shrimp fisheries.
Citation of Rules Affected by this Order: Repealing WAC 220-340-52000M; and amending WAC 220-340-520.
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 both respond to dynamic changes in market conditions and promote 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: August 18, 2023.
Kelly Susewind
Director
NEW SECTION
WAC 220-340-52000NCommercial shrimp pot fishery—Puget Sound.
Notwithstanding the provisions of WAC 220-340-520, effective immediately, through October 15, 2023, 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 on the first day of the open period. Any closures take effect one hour after official sunset on the closing day of the open period.
Geographical Management Unit (WAC 220-320-140; WAC 220-320-120) | Open Period |
Subregion 1A | Open through September 15, 2023 |
Subregion 1B | Closed |
Subregion 1C | Open August 19 through September 15, 2023 |
Region 2E | Open August 19 through September 15, 2023 |
Region 2W | Open through September 15, 2023 |
Subarea 23A-E | Open August 19 through September 15, 2023 |
Subarea 23A-W | Open August 19 through September 15, 2023 |
Subarea 23A-C and MSFS Catch Area 23B | Open August 19 through September 15, 2023 |
Subarea 23A-S and MSFS Catch Area 23D | Open through September 15, 2023 |
MFSF Catch Area 23C | Open through September 15, 2023 |
MFSF Catch Area 25A, excluding the Discovery Bay Shrimp District | Open August 19, 2023, through September 15, 2023 |
Discovery Bay Shrimp District | Open August 19 through September 15, 2023 |
MFSF 29 (Straits - Neah Bay) | Open through September 15, 2023 |
Subarea 26B-1 and MFSF Catch Area 26C | Closed |
Subarea 26B-2 | Open through September 15, 2023 |
Region 5 | Open through August 31, 2023 |
MFSF Catch Area 26D | Open through September 15, 2023 |
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, through one hour after official sunset on August 1, 2023.
(c) It is unlawful for the combined 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) The second spot shrimp catch accounting period started one hour before official sunrise on August 2, through one hour after official sunset on August 18, 2023.
(e) It is unlawful for the total harvest during the first and second spot shrimp accounting periods to exceed 5,400 pounds of spot shrimp per license from all Puget Sound shrimp management regions combined.
(f) 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.
(3) 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 (Pandalus 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 on the first day of the open period. Any closures take effect one hour after official sunset on the closing day of the open period.
Geographical Management Unit (WAC 220-320-140; WAC 220-320-120) | Open Period |
Subregion 1A | Open through October 15, 2023 |
Subregion 1B | Closed |
Subregion 1C | Closed |
Region 2E | Closed |
Region 2W | Open through October 15, 2023 |
Region 3, not including Discovery Bay Shrimp District | Open through October 15, 2023 |
Discovery Bay Shrimp District | Open through October 15, 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 | EndDate |
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 | 7/26/202 | 8/8/2023 |
8 | 8/9/2023 | 8/22/2023 |
9 | 8/23/202 | 9/5/2023 |
10 | 9/6/2023 | 9/19/2023 |
11 | 9/20/202 | 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 spelling 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. 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 the Washington Administrative Code is repealed, effective immediately:
WAC 220-340-52000M | Commercial shrimp pot fishery—Puget Sound. (23-161) |