WSR 14-19-052 EMERGENCY RULES DEPARTMENT OF FISH AND WILDLIFE [Order 14-247—Filed September 11, 2014, 3:37 p.m., effective September 11, 2014, 3:37 p.m.] Effective Date of Rule: Immediately upon filing.
Purpose: Amend commercial fishing rules.
Citation of Existing Rules Affected by this Order: Repealing WAC 220-52-05100Y; and amending WAC 220-52-051.
Statutory Authority for Adoption: RCW 77.04.012, 77.04.020, and 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 2014 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 closes the pot fishery in Shrimp Management Area 5, and the beam trawl fishery in 1B/20B, 1B/21A and 1B/22A, as the quotas have been reached. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: September 11, 2014.
Joe Stohr
for Philip Anderson
Director
NEW SECTION
WAC 220-52-05100Z Puget Sound shrimp pot and beam 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 in this section:
(1) Shrimp pot gear:
(a) All waters of Shrimp Management Areas 1A, 1C, 2E, 2W, 3, 4 and 6 are open to the harvest of all shrimp species, except:
(i) All waters of the Discovery Bay Shrimp District are closed;
(ii) All waters of Shrimp Management Areas 2W, 4, 6 and Catch Area 25A are closed to the harvest of spot shrimp;
(iii) All waters of Shrimp Management Areas 1A, 1C and 2E are closed to the harvest of non-spot shrimp.
(iv) All waters of Shrimp Management Areas 1A, 1C, 2E and Catch Areas 23A-E and 23A-C/23B are closed to the harvest of spot shrimp effective 6:00 p.m. September 11, 2014; and
(v) Effective 6:00 p.m. September 15, 2014, all waters of Shrimp Management Area 3 are closed to the harvest of spot shrimp.
(b) Effective until 6:00 p.m. September 15, 2014, it is unlawful for the alternate operator to exceed 300 pounds in Catch Area 23C, or to exceed 660 pounds in Catch Area 23A-S/23D, or to exceed 2,200 pounds in Catch Area 23A-W.
(c) Effective until 6:00 p.m. September 11, 2014, it is unlawful for the combined total harvest of spot shrimp by a fisher and/or the fisher's alternate operator to exceed 460 pounds in Shrimp Management Area 1A, or to exceed 425 pounds in Shrimp Management Area 1C, or to exceed 500 pounds in Shrimp Management Area 2E or to exceed 85 pounds in Catch Area 23A-C/23B, or to exceed 230 pounds in Catch Area 23A-E.
(d) It is unlawful to pull shellfish pots in more than one catch area per day.
(e) Only pots with a minimum mesh size of 1 inch may be pulled on calendar days when fishing for or retaining spot shrimp.
(i) 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.
(ii) 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.
(2) Shrimp beam 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) All waters of Catch Area 20A are open.
(3) All shrimp taken under this section must be sold to licensed Washington wholesale fish dealers.
REPEALER
The following section of the Washington Administrative Code is repealed:
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