WSR 00-21-010

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 00-207 -- Filed October 5, 2000, 4:40 p.m. ]

Date of Adoption: October 4, 2000.

Purpose: Amend commercial rules.

Citation of Existing Rules Affected by this Order: Amending WAC 220-52-051.

Statutory Authority for Adoption: RCW 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: The state's share of shrimp available to beam trawl gear in Marine Fish-Shellfish Management and Catch Reporting Area 20B has been taken. Additional housekeeping revisions regarding Crustacean Management Region 1A, and Marine Fish-Shellfish Management and Catch Reporting Areas 21B and 22B that were inadvertently omitted from the previous emergency rule have been included as closed as no harvest for beam trawl is available.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0. Effective Date of Rule: Immediately.

October 4, 2000

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 220-52-05100J
Shrimp fishery -- Puget Sound

Notwithstanding the provisions of WAC 220-52-051, effective immediately until further notice it is unlawful to fish for shrimp for commercial purposes in Puget Sound except as provided for in this section:

(1) All waters of Crustacean Management Regions 1B, 1C, 2, 3, 4, and 6 are open to harvest of all shrimp species by pot gear except as provided below:

(a) It is unlawful to harvest spot shrimp in all waters of Crustacean Management Regions 1B and 1C.

(b) It is unlawful to harvest spot shrimp in Marine Fish-Shellfish Management and Catch Reporting Areas 23B, 24A, 24B, 24C, 24D, 25A, 26A and 26B.

(c) It is unlawful to harvest spot shrimp in Marine Fish-Shellfish Management and Catch Reporting Area 23A east of a line projected 335 degrees true from the Dungeness Lighthouse.

(d) It is unlawful for the combined total harvest of spot shrimp by a fisher and/or the fisher's alternate operator to exceed 800 pounds per week or to exceed 300 pounds per week from Crustacean Management Region 4. Any fisher whose weekly shrimp harvest activity is exclusively limited to Marine Fish-Shellfish Management and Catch and Reporting Areas 23C, 23D, 29, or the western portion of Marine Fish-Shellfish Catch and Reporting Area 23A (west of a line projected true north from the new Dungeness light), or any combination of these areas, shall not be subject to the weekly spot shrimp trip limit for that week. The spot shrimp trip limit accounting week is Monday through Sunday.

(e) It is unlawful to fish for shrimp in Puget Sound in more than one Marine Fish-Shellfish Management and Catch Reporting Area per day. Fishers may move all of their shellfish pot gear from one Marine Fish-Shellfish Management and Catch Reporting Area to another Marine Fish-Shellfish Management and Catch Reporting Area if a harvest report is made before the shellfish pot gear is moved. The harvest activity report must be made consistent with the provisions of WAC 220-52-075 and must also include the following additional information.

(f) The number of pots being moved to a new area.

(g) The Marine Fish-Shellfish Management and Catch Reporting Area that pots are being moved to.

(h) It is unlawful to set or pull shellfish pots in one Marine Fish-Shellfish Management and Catch Reporting Area while in possession of shrimp harvested from another Marine Fish-Shellfish Management and Catch Reporting Area except shellfish pots may be set in a new fishing area subsequent to making a report as indicated in Section 5 above.

(2) It is unlawful to fish for shrimp in Puget Sound with beam trawl gear except:

(a) Crustacean Management Regions 1B and 1C - Open until further notice except as provided below.

(b) Crustacean Management Region 3 - Open until further notice, except closed in waters of Marine Fish-Shellfish Management and Catch Reporting Areas 23A, 23B and 25A.

(c) It is unlawful to fish for shrimp in Puget Sound with beam trawl gear in waters shallower than 100 feet.

(d) It is lawful to fish for shrimp in Puget Sound with beam trawl gear in Marine Fish-Shellfish Management and Catch Reporting Area 21A only in those waters north and west of a line from the southern tip of Sinclair Island to Carter Point on Lummi Island.

(e) The following restrictions apply to shrimp trawl harvest in Marine Fish-Shellfish Management and Catch Reporting Area 20A:

(i) Closed in waters east of a line from the southwest corner of Point Roberts to Sandy Point.

(ii) Closed in waters shallower than 20 fathoms.

(f) Closed in waters of Marine Fish-Shellfish Management and Catch Reporting Areas 20B, 21B and 22B.

(3) It is unlawful to harvest shrimp using shellfish pot or shrimp beam trawl gear from one hour after official sunset to one hour before official sunrise.

(4) It is unlawful to fish for shrimp in Puget Sound with shellfish pot gear in Shrimp Districts 1, 3, 4, 5, and 6 and it is unlawful to fish for shrimp in Puget Sound with beam trawl gear in Shrimp Districts 1, 2, 3, 4, 5, and 6.

(5) All shrimp taken under this section must be sold to licensed Washington wholesale fish dealers. No fisher may land shrimp without immediate delivery to a licensed wholesale dealer or, if transferred at sea, without transfer to a licensed wholesale dealer.

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REPEALER


The following section of the Washington Administrative Code is repealed effective immediately:


WAC 220-52-05100I Shrimp fishery -- Puget Sound (00-142)

Washington State Code Reviser's Office