WSR 16-17-034 EMERGENCY RULES DEPARTMENT OF FISH AND WILDLIFE [Order 16-203—Filed August 9, 2016, 9:49 a.m., effective August 9, 2016, 11:59 p.m.] Effective Date of Rule: August 9, 2016, 11:59 p.m.
Purpose: Amend commercial fishing rules for Puget Sound shrimp.
Citation of Existing Rules Affected by this Order: Repealing WAC 220-52-05100S; and amending WAC 220-52-051.
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 2016 state/tribal shrimp harvest management plans for the Strait of Juan de Fuca and Puget Sound require adoption of harvest seasons contained in this emergency rule. This emergency rule (1) closes the pot fishery season for spot shrimp in Shrimp Management Area 1A and Catch Area 23A-E, as the quota will be reached; and (2) changes the spot shrimp biweekly limits in Shrimp Management Area 1C and Catch Area 25A. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 9, 2016.
Joe Stohr
for J. W. Unsworth
Director
NEW SECTION
WAC 220-52-05100T Puget Sound shrimp pot and trawl fishery—Season.
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) Shrimp pot gear:
(a) Effective immediately, until further notice, all waters Shrimp Management Areas 1C, 2W, 3 and 5 are open to the harvest of all shrimp species, except as provided for in this section:
(i) All waters of the Discovery Bay Shrimp District are closed.
(ii) All waters of Shrimp Management Area 2W and Marine Fish/Shellfish Management and Catch Reporting Area (Catch Area) 23A-E are closed to the harvest of spot shrimp.
(iii) All waters of Shrimp Management Area 1C are closed to the harvest of all species other than spot shrimp.
(b) The spot shrimp catch accounting biweekly management period is as follows:
(i) August 10 through August 23, 2016.
(c) Effective immediately until 11:59 p.m. August 23, 2016, it is unlawful for the combined total harvest of spot shrimp by a fisher and/or the fisher's alternate operator to exceed 1,200 pounds per biweekly management period, with the following exceptions:
(i) It is unlawful for the combined total harvest of spot shrimp by a fisher and/or the fisher's alternate operator to exceed 600 pounds per biweekly management period in Shrimp Management Area 1C or to exceed 600 pounds per biweekly management period in Catch Area 25A.
(d) Effective 12:01 a.m. August 24, 2016, until further notice, it is unlawful for the combined total harvest of spot shrimp by a fisher and/or the fisher's alternate operator to exceed 600 pounds per week. The spot shrimp catch accounting week is Wednesday through Tuesday.
(e) Only pots with a minimum mesh size of 1 inch may be pulled on calendar days when fishing for or retaining spot shrimp. Mesh size of 1 inch is defined as a mesh opening that a 7/8-inch square peg will pass through, excluding the entrance tunnels, except for flexible (web) mesh pots, where the mesh must be a minimum of 1 3/4-inch stretch measure. Stretch measure is defined as the distance between the inside of one knot to the outside of the opposite vertical knot of one mesh, when the mesh is stretched vertically. There is no size restriction for spot shrimp.
(f) It is unlawful to pull shellfish pots in more than one catch area per day.
(2) Shrimp trawl gear:
(a) Shrimp Management Area (SMA) 3 (outside of the Discovery Bay Shrimp District, Sequim Bay and Catch Area 23D) is open. Sequim Bay includes those waters of Catch Area 25A south of a line projected west from Travis Spit on the Miller Peninsula.
(b) Those portions of Catch Areas 20B, 21A and 22A within SMA 1B are open.
(c) Catch Area 20A is open.
(3) All shrimp taken under this section must be sold to licensed Washington wholesale fish dealers.
Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040. REPEALER
The following section of the Washington Administrative Code is repealed effective 11:59 p.m. August 9, 2016:
| ||||