EMERGENCY RULES
FISH AND WILDLIFE
Date of Adoption: July 21, 2000.
Purpose: Amend commercial rules.
Citation of Existing Rules Affected by this Order: Repealing WAC 220-52-05100E; and amending WAC 220-52-051.
Statutory Authority for Adoption: Section 7, chapter 107, Laws of 2000.
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 quota share of spot shrimp in Crustacean Management Areas 1B, 24A, 24B, 24C, 24D, 26A, and 26B-1 (the area in 26B outside of the area described above) has been taken. There is insufficient time to promulgate 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0. Effective Date of Rule: July 23, 2000, 11:59 p.m.
July 21, 2000
J. P. Koenings
Director
Notwithstanding the provisions of WAC 220-52-051, effective 11:59 p.m. July 23, 2000 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 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 for commercial purposes using shellfish pot gear in Marine Fish-Shellfish Management and Catch and Reporting Area 26B except in those waters south of a line from Alki Point to Orchard Point and north of a line from West Point to Skiff Point excluding those waters north of the Richmond Beach Park (47 degrees and 46 minutes latitude), south of Edwards Point, and east of the 100 fathom depth contour.
(b) All waters of Crustacean Management Regions 1B, and Marine Fish-Shellfish Management and Catch and Reporting Areas 24A, 24B, 24C, 24D, and 26A are open to harvest of all shrimp species except spot shrimp.
(c) 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 Regions 2 or 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.
(d) It is unlawful to fish for shrimp for commercial purposes in Puget Sound using shellfish pot gear 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.
(i) The number of pots being moved to a new area.
(ii) The Marine Fish-Shellfish Management and Catch Reporting Area that pots are being moved to.
(e) 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 1A, 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 Area 23A west of a line projected due north from the Dungeness lighthouse.
(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.
(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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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. July 23, 2000:
| WAC 220-52-05100E | Shrimp fishery -- Puget Sound (00-117) |