PROPOSED RULES
FISH AND WILDLIFE
Original Notice.
Preproposal statement of inquiry was filed as WSR 00-08-014.
Title of Rule: Amend commercial fishing rules.
Purpose: Amend Puget Sound crab rules to establish closed areas, reopen areas formerly closed, and set pot limits. Housekeeping changes for Puget Sound shrimp rules. Establish shrimp trawl fishery depth restriction. Amend Puget Sound shrimp reporting requirements.
Statutory Authority for Adoption: RCW 75.08.080.
Statute Being Implemented: RCW 75.08.080.
Summary: Puget Sound crab: Ten and twenty pot limits for Port Angeles Harbor and Dungeness Bay, respectively. New closed areas and opening of a formerly closed area. November through February season for an area formerly closed year round. Puget Sound shrimp: Housekeeping to replace dropped sections, 50 fathom minimum shrimp trawl depth for Gulf of Georgia, April-July. Shrimp pot fishers required to report number of pot pulls.
Reasons Supporting Proposal: Crab rule changes are needed to help meet WDFW Commission allocation policy. Advisory group input was used to help balance recreational and commercial needs. Shrimp rule changes are needed to reestablish sections dropped during transition to limited entry management and enhance protection for crab. Minor changes to commercial shrimp reporting rules are needed to provide more detained information on harvest activity to help track resource abundance and prevent over harvest.
Name of Agency Personnel Responsible for Drafting: Jay Odell, 1111 Washington Street, Olympia, WA, (360) 902-2826; Implementation: Lew Atkins, 1111 Washington Street, Olympia, WA, (360) 902-2651; and Enforcement: Bruce Bjork, 1111 Washington Street, Olympia, WA, (360) 902-2373.
Name of Proponent: Washington Department of Fish and Wildlife, governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: Puget Sound commercial crab rule proposals establish ten and twenty pot per fisher limits for Port Angeles Harbor and Dungeness Bay, respectively. Portions of Dungeness, Discovery, and Samish bays, and East Sound, and all waters of Comet Bay, Prevost Harbor would close year round to commercial crab harvest. The majority of Samish Bay would reopen to commercial crab harvest. The formerly closed waters of Deer Harbor would open to commercial crab harvest from November through February.
Puget Sound commercial shrimp rule proposals reestablish long standing critical management provisions inadvertently dropped during the 1999 transition from Emerging Fisheries Act management to limited entry. A seasonal (mid-April through mid-July) fifty fathom minimum depth restriction for the Gulf of Georgia (Area 20A) would be expanded to April 1 through July 31. Two new items (name of fisher and number of pot pulls) would be added to the list of information commercial shrimp pot fishers are currently required to report by telephone. Additionally, the requirement for Puget Sound commercial shrimp pot fishers to include actual weight on harvest log and telephone reports would be relaxed to allow reporting of estimated weights.
The Puget Sound commercial crab rule changes were developed in response to an evaluation of current harvest sharing between recreational and commercial fishers relative to WDFW commission crab allocation policy. Several of the proposed changes have been established by emergency rule during the last few seasons. WDFW staff met with the Puget Sound Crab Advisory Group for guidance and developed proposals which include changes responsive to the needs of both recreational and commercial fishers.
The Puget Sound commercial shrimp housekeeping changes are needed to provide orderly fisheries which operate consistent with basic conservation principles. The missing sections are currently in place by emergency rule. An existing section describing management regions is deleted and moved to chapter 220-16 WAC in a separate housekeeping action. Shrimp beam trawl fishery restrictions in the Gulf of Georgia are needed to protect soft shell crab from trawl fishery impacts during molting periods. New information on crab molt timing in this area indicates a longer window of protection is needed. Telephone reports of fishing activity help shrimp managers and enforcement staff to enforce weekly trip limits, stay within allocations, and track resource abundance. Although not currently required by rule, most fishers provide their names when filing these reports and this information is needed to ensure accuracy of WDFW records. Pot pulls are defined as the total number of pots fished multiplied by the number of times those pots were pulled. This additional information on fishing effort will give shrimp managers an inseason measure of shrimp resource status which is needed to help prevent over harvest.
Proposal Changes the Following Existing Rules: Rules are being modified to delete provisions that are no longer applicable, amend existing sections, and add new sections.
A small business economic impact statement has been prepared under chapter 19.85 RCW.
2. Kinds of Professional Services That a Small Business is Likely to Need in Order to Comply with Such Requirements: No additional services would be required.
3. Costs of Compliance for Businesses, Including Costs of Equipment, Supplies, Labor, and Increased Administrative Costs: No additional costs are expected.
4. Will Compliance with the Rule Cause Businesses to Lose Sales or Revenue? No.
5. Cost of Compliance for the 10% of Businesses That are the Largest Businesses Required to Comply with the Proposed Rules Using One or More of the Following as a Basis for Comparing Costs:
a. Cost per employee;
b. Cost per hour of labor; or
c. Cost per one hundred dollars of sales.
No compliance costs anticipated.
6. Steps Taken by the Agency to Reduce the Costs of the Rule on Small Businesses or Reasonable Justification for Not Doing So: No costs are anticipated.
7. A Description of How the Agency will Involve Small Businesses in the Development of the Rule: The proposed regulation was developed in consultation with a shrimp fishery advisory group comprised of Puget Sound commercial shrimp pot and shrimp trawl fishers. A public hearing will be also be held and notification of the proposed change will be made in the Fish and Wildlife Commission published agenda.
8. A List of Industries That will be Required to Comply with the Rule: All Puget Sound limited entry shrimp pot fishers will be required to comply.
1. Description of the Reporting, Record-keeping, and Other Compliance Requirements of the Proposed Rule: None.
2. Kinds of Professional Services That a Small Business is Likely to Need in Order to Comply with Such Requirements: No additional services would be required.
3. Costs of Compliance for Businesses, Including Costs of Equipment, Supplies, Labor, and Increased Administrative Costs: No additional costs are expected.
4. Will Compliance with the Rule Cause Businesses to Lose Sales or Revenue? No.
5. Cost of Compliance for the 10% of Businesses That are the Largest Businesses Required to Comply with the Proposed Rules Using One or More of the Following as a Basis for Comparing Costs:
a. Cost per employee;
b. Cost per hour of labor; or
c. Cost per one hundred dollars of sales.
No compliance costs anticipated.
6. Steps Taken by the Agency to Reduce the Costs of the Rule on Small Businesses or Reasonable Justification for Not Doing So: No extra costs are anticipated.
7. A Description of How the Agency will Involve Small Businesses in the Development of the Rule: The proposed regulation was discussed with the Puget Sound Shrimp Advisory Group. One fisher who has an interest in shrimp beam trawl fishing in the Gulf of Georgia would like to see a modification of a depth restriction in this area. Staff agreed to evaluate his request based on results from onboard observations. The fisher's boat difficulties prevented completion of observations during the 2000 season. Staff remain willing to conduct observations and evaluate rule modifications during the 2001 season. A public hearing will be held and notification of the proposed change will be made in the Fish and Wildlife Commission published agenda.
8. A List of Industries That will be Required to Comply with the Rule: All Puget Sound state commercial shrimp fishers will be required to comply.
1. Description of the Reporting, Record-keeping, and Other Compliance Requirements of the Proposed Rule: Some Puget Sound commercial crab fishers would need to modify fishing practices to comply with new rules on closed areas and area specific pot limits.
2. Kinds of Professional Services That a Small Business is Likely to Need in Order to Comply with Such Requirements: No additional services would be required.
3. Costs of Compliance for Businesses, Including Costs of Equipment, Supplies, Labor, and Increased Administrative Costs: Some fishers might have higher fuel costs if they respond to new fishing restrictions by choosing new fishing locations which are farther from port.
4. Will Compliance with the Rule Cause Businesses to Lose Sales or Revenue? The proposed rule establishes new fishing restrictions and also provides new opportunities to harvest crab in areas currently closed to commercial fishing. Fishers who are unable or unwilling to fish in formerly closed areas may harvest less crab than in the past.
5. Cost of Compliance for the 10% of Businesses That are the Largest Businesses Required to Comply with the Proposed Rules Using One or More of the Following as a Basis for Comparing Costs:
a. Cost per employee;
b. Cost per hour of labor; or
c. Cost per one hundred dollars of sales.
Compliance cost estimates are expected to be low, and are difficult to predict. The amount of fishing area subject to proposed closures or pot limits is less than 1% of the area open to commercial crab harvest. However, positive and negative financial impacts are possible for some fishers, depending which areas they currently harvest from.
6. Steps Taken by the Agency to Reduce the Costs of the Rule on Small Businesses or Reasonable Justification for Not Doing So: Areas formerly closed to commercial fishing are proposed to open.
7. A Description of How the Agency will Involve Small Businesses in the Development of the Rule: The proposed regulation was developed with assistance from the Puget Sound Crab Advisory Group. This group is comprised of six commercial and six recreational crab fishers. The rules were developed with the goal of balancing the interests of competing user groups. A public hearing will be held and notification of the proposed change will be made in the Fish and Wildlife Commission published agenda.
8. A List of Industries That will be Required to Comply with the Rule: Puget Sound commercial crab fishers.
A copy of the statement may be obtained by writing to Jay Odell, 600 Capitol Way North, Olympia, WA 98501-1091, phone (360) 902-2220, fax (360) 902-2182.
Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. Not hydraulic rules.
Hearing Location: Best Western Hotel, 15901 West Valley Road, Tukwila, WA 98188, on December 8-9, 2000, at 8:00 a.m.
Assistance for Persons with Disabilities: Contact Debbie Nelson by November 24, 2000, TDD (360) 902-2207, or (360) 902-2226.
Submit Written Comments to: Evan Jacoby, Rules Coordinator, 600 Capitol Way North, Olympia, WA 98501-1091, fax (360) 902-2940, by December 7, 2000.
Date of Intended Adoption: December 8, 2000.
November 1, 2000
Evan Jacoby
Rules Coordinator
OTS-4494.1
AMENDATORY SECTION(Amending Order 817, filed 5/29/69)
WAC 220-16-260
((Geographical definitions -- Skagit Bay
shrimp fishing area.)) Puget Sound Crustacean Management Regions.
(("Skagit Bay shrimp fishing area" shall include those waters of
Puget Sound lying within the following lines. A line commencing
at West Point on Whidbey Island projected True north to Fidalgo
Island, and a line projected from Point Demock on Camano Island
to Point Polnell on Whidbey Island.)) The following areas are
defined as Puget Sound Crustacean Management Regions:
(1) Crustacean Management Region 1A - (Western San Juan Islands). The portion of Marine Fish-Shellfish Management and Catch Reporting Area 20B west of a line from Point Doughty on Orcas Island to the bell buoy at the international boundary due north of Waldron Island, and the portion of Marine Fish-Shellfish Management and Catch Reporting Area 22A west of the following line: Beginning at Steep Point on Orcas Island to Neck Point on Shaw Island, then southerly following the west coast of Shaw Island to the southernmost point of Shaw Island, then to the western entrance to Fisherman's Bay on Lopez Island, then southerly and easterly following the west coast of Lopez Island to Point Colville.
(2) Crustacean Management Region 1B - (Eastern San Juan Islands). The portions of Marine Fish-Shellfish Management and Catch Reporting Areas 20B and 22A to the east of Crustacean Management Region 1A and the portion of Marine Fish-Shellfish Management and Catch Reporting Area 21A north and west of a line from the southern tip of Sinclair Island to Carter Point on Lummi Island.
(3) Crustacean Management Region 1C - (Gulf of Georgia/North Puget Sound Bays). All waters of Marine Fish-Shellfish Management and Catch Reporting Areas 20A, 21B, and 22B, and the portion of Marine Fish-Shellfish Management and Catch Reporting Area 21A outside of Crustacean Management Region 1B.
(4) Crustacean Management Region 2 - (Central Puget Sound). All waters of Marine Fish-Shellfish Management and Catch Reporting Areas 24A, 24B, 24C, 24D, 25B, 25D, and 26A.
(5) Crustacean Management Region 3 - (Strait of Juan de Fuca). All waters of Marine Fish-Shellfish Management and Catch Reporting Areas 23A, 23B, 23C, 23D, 25A, 25E, and 29.
(6) Crustacean Management Region 4 - (Southern Central Puget Sound). All waters of Marine Fish-Shellfish Management and Catch Reporting Areas 26B, and 26C.
(7) Crustacean Management Region 5 - (Hood Canal). All waters of Marine Fish-Shellfish Management and Catch Reporting Areas 25C, 27A, 27B, and 27C.
(8) Crustacean Management Region 6 - (South Puget Sound). All waters of Marine Fish-Shellfish Management and Catch Reporting Areas 26D, 28A, 28B, 28C, and 28D.
[Order 817, § 220-16-260, filed 5/29/69. Formerly WAC 220-16-020 (part).]
((The term "Skagit River" shall be
construed to mean those waters of the Skagit River upstream and
inside of a line projected from white monument on the easterly
point of Ika Island, across the Skagit River, to the terminus of
the jetty with McGlinn Island.)) The following areas shall be
defined as Puget Sound Shrimp Districts:
(1) Discovery Bay Shrimp District - All waters south of a line from McCurdy Point on the Quimper Peninsula to the northern tip of Protection Island, then to Rocky Point on the Miller Peninsula, and including all waters of Discovery Bay.
(2) Port Angeles Shrimp District - All waters of Port Angeles Harbor west of a line from the eastern tip of Ediz Hook to the ITT-Rayonier dock.
(3) Sequim Bay Shrimp District - All waters of Sequim Bay south of a line projected west from Travis Spit on the Miller Peninsula.
(4) Hood Canal Shrimp District - All waters of Hood Canal south of the Hood Canal Floating Bridge.
(5) Carr Inlet Shrimp District - All waters of Carr Inlet north of a line from Penrose Point to Green Point.
[Order 817, § 220-16-270, filed 5/29/69. Formerly WAC 220-16-020 (part).]
OTS-4509.1
AMENDATORY SECTION(Amending Order 00-17, filed 2/14/00,
effective 3/16/00)
WAC 220-52-075
Shellfish harvest logs.
It is unlawful for
any vessel operator engaged in commercial crawfish, sea cucumber,
sea urchin, scallop, shrimp other than ocean pink shrimp, squid,
((octopus,)) or sand shrimp fishing or operator of mechanical
clam digging device to fail to obtain and accurately maintain the
appropriate harvest log available from the Washington department
of fish and wildlife. The harvest log must be kept aboard the
vessel while the vessel is engaged in harvest or has crawfish,
sea cucumbers, sea urchins, shrimp other than ocean pink shrimp,
squid, ((octopus,)) scallops, clams, or sand shrimp aboard. The
vessel operator must submit the harvest logs for inspection upon
request by authorized department of fish and wildlife
representatives. The department's copies of the completed
harvest log must be submitted to the department for each calendar
month in which fishing activity occurs. State copies must be
received within ten days following any calendar month in which
fishing activity occurred, except that commercial sea cucumber
harvest logs must be received for each month of the season
provided for in WAC 220-52-072 regardless of whether harvest
activity occurred during the month, and all shellfish harvesters
must submit a log that must be received by the tenth day
following the termination of commercial fishing activity showing
that shellfish harvest has terminated for the year.
(1) Vessel operators engaged in commercial harvest of shrimp other than Puget Sound shrimp or sand shrimp or crawfish with shellfish pot or ring net gear must record the vessel Washington department of fish and wildlife boat registration number, number of pots or ring nets pulled, date pulled, soak time, and gear location before leaving the catch area where taken, and weights must be recorded upon landing or sale.
(2) Vessel operators engaged in commercial harvest of shrimp other than ocean pink shrimp with beam trawl or shrimp trawl gear must record the vessel identity, date, location fished, trawl width, Marine Fish-Shellfish Management and Catch Reporting Area, depth fished, latitude and longitude to the nearest tenth of a minute or to the nearest second at the beginning and end of each tow, tow speed, duration of tow and estimated weight of shrimp of each species caught for each tow before leaving the site where the catch was taken or before commencing a new tow, whichever occurs first.
It shall be unlawful to fail to permanently record this information into the department-supplied harvest log before leaving each catch site. Harvest logs must be maintained and submitted in ascending consecutive order of harvest log serial numbers. Harvest logs must be submitted for each month in which fishing activity occurs and must be received by the department within ten days following any month in which fishing occurs. The fish receiving ticket serial number must be recorded onto the harvest log at the time of sale, or before leaving the last catch site of the day if the vessel operator holds a wholesale dealer license and is the original receiver of the catch.
(3) Vessel operators engaged in commercial harvest of sea urchins or sea cucumbers must record the vessel identity, date, location fished, depth fished, latitude and longitude to the nearest tenth of a minute or to the nearest second, and the approximate number of sea urchins or sea cucumbers taken before leaving the site where taken and the exact weight must be recorded upon landing or sale.
(4) Vessel operators engaged in commercial harvest of clams with mechanical digging devices must record the vessel identity, location, and date of harvest before the end of each day's fishing and the weights by clam species must be recorded upon landing or sale.
(5) Vessel operators engaged in commercial harvest of scallops must record the vessel identity, date, location, and duration of harvest and estimated weight of scallops caught for each tow or dive hour before leaving the catch area where taken.
(6) Vessel operators engaged in commercial harvest of squid, except when taken incidental to any other lawful fishery, must record before leaving the Marine Fish-Shellfish Management and Catch Reporting Area where taken, the vessel department of fish and wildlife boat registration number, gear type, catch area, starting and ending time of fishing, and numbers of other species caught and returned. Weights of squid must be recorded on landing or sale.
(7) ((Vessel operators engaged in commercial harvest of
octopus, except when taken incidental to any other lawful
fishery, must record before leaving the Marine Fish-Shellfish
Management and Catch Reporting Area where taken, the vessel
department of fish and wildlife boat registration number, gear
type and amount, catch area and hours fished. Weights of octopus
must be recorded on landing or sale.
(8))) Vessel operators engaged in commercial harvest of sand shrimp, except when taken incidental to any other lawful fishery, must record the location or identification number of the harvest tract, date of harvest, number of trenches pumped, average length and width of trenches (yards), total number of sand shrimp retained (dozens), total number of sand shrimp sold (dozens), and the name of the sand shrimp buyer.
(((9))) (8) Vessel operators engaged in commercial harvest
of shrimp (other than sand shrimp) using shellfish pot gear in
Puget Sound must record the vessel's Washington department of
fish and wildlife boat registration number, number of pots
pulled, soak time, gear location (including latitude and
longitude to the nearest tenth of a minute), and weight(s) of
catch before leaving the site where catch is taken. A separate
weight for each species caught and retained must be recorded. When single pots are fished an entry is required for each pot
site. When two or more pots are fished on a common ground line
the catch site must be recorded at the location of the last pot
on the ground line that is pulled. It shall be unlawful to fail
to permanently record this information into the
department-supplied harvest log before leaving each catch site. Harvest logs must be maintained and submitted in ascending
consecutive order of harvest log serial numbers. Harvest logs
must be submitted for each month in which fishing activity occurs
and must be received by the department within ten days following
any month in which fishing occurs. The fish receiving ticket
serial number must be recorded onto the harvest log at the time
of sale, or before leaving the last catch site of the day if the
vessel operator holds a wholesale dealer license and is the
original receiver of the catch. Vessel operators engaged in
commercial harvest of shrimp from Puget Sound with shellfish pot
gear must report their daily catch by telephone before leaving
the last catch site fished each day. For harvest in Crustacean
Management Regions 1A, 1B, 1C, or 2, reports must be made to the
voice recorder at the La Conner district office. For harvest in
Crustacean Management Regions 3, 4, or 6, reports must be made to
the voice recorder at the Point Whitney shellfish laboratory. All reports must specify the fisher's name, estimated total
number of pounds of each shrimp species in possession, number of
pots fished, number of pot pulls (pots multiplied by pulls), the
Marine Fish-Shellfish Management and Catch Reporting Area where
shrimp were harvested, and the port or name of vessel where the
catch will be landed or sold. The fish receiving ticket
reporting requirements of WAC 220-69-240 remain in effect.
[Statutory Authority: RCW 75.08.080. 00-05-054 (Order 00-17), § 220-52-075, filed 2/14/00, effective 3/16/00; 97-08-052 (Order 97-55), § 220-52-075, filed 3/31/97, effective 5/1/97; 94-12-009 (Order 94-23), § 220-52-075, filed 5/19/94, effective 6/19/94; 93-15-051, § 220-52-075, filed 7/14/93, effective 8/14/93; 91-10-024 (Order 91-22), § 220-52-075, filed 4/23/91, effective 5/24/91; 87-15-022 (Order 87-69), § 220-52-075, filed 7/8/87; 87-02-013 (Order 86-199), § 220-52-075, filed 12/30/86; 84-08-014 (Order 84-24), § 220-52-075, filed 3/27/84; 83-09-014 (Order 83-24), § 220-52-075, filed 4/12/83; 82-03-045 (Order 82-6), § 220-52-075, filed 1/19/82; 81-11-006 (Order 81-31), § 220-52-075, filed 5/11/81; 80-13-064 (Order 80-123), § 220-52-075, filed 9/17/80; 79-12-039 (Order 79-129), § 220-52-075, filed 11/20/79; 79-02-053 (Order 79-6), § 220-52-075, filed 1/30/79.]
OTS-4497.2
AMENDATORY SECTION(Amending Order 00-164, filed 8/23/00,
effective 9/23/00)
WAC 220-52-040
Commercial crab fishery -- Lawful and unlawful
gear, methods, and other unlawful acts.
(1) Net fishing boats shall not have crab aboard. It is unlawful for any vessel geared or equipped with commercial net fishing gear to have aboard any quantity of crab while it is fishing with the net gear or when it has other food fish or shellfish aboard for commercial purposes.
(2) Area must be open to commercial crabbing. Unless otherwise provided, it is unlawful to set, maintain, or operate any baited or unbaited shellfish pots or ring nets for taking crabs for commercial purposes in any area or at any time when the location is not opened for taking crabs for commercial purposes by permanent rule or emergency rule of the department: Provided, That following the close of a commercial crab season, permission may be granted by the director or his or her designee on a case-by-case basis for crab fishers to recover shellfish pots that were irretrievable due to extreme weather conditions at the end of the lawful opening. Crab fishers must notify and apply to department enforcement for such permission within twenty-four hours prior to the close of season.
(3) Crabs must be male and 6-1/4 inches. It is unlawful for any person acting for commercial purposes to take, possess, deliver, or otherwise control:
(a) Any female Dungeness crabs; or
(b) Any male Dungeness crabs measuring less than 6-1/4 inches, caliper measurement, across the back immediately in front of the tips.
(4) Each person and each Puget Sound license limited to 100 pots. It is unlawful for any person to take or fish for crab for commercial purposes in the Puget Sound licensing district using, operating, or controlling any more than an aggregate total of 100 shellfish pots or ring nets. This limit shall apply to each license. However, this shall not preclude a person holding two Puget Sound crab licenses from designating and using the licenses from one vessel as authorized by RCW 75.28.048(4).
(5) ((Dungeness Bay Area Limit of 20 pots. No person, nor
any group of persons using the same vessel, may take or fish for
crabs for commercial purposes by setting, using, operating, or
controlling more than 20 shellfish pots and/or ring nets within
the waters of Dungeness Bay lying west of a line projected from
the new Dungeness Light southward to the outermost end of the
abandoned dock at the Three Crabs Restaurant on the southern
shore of Dungeness Bay.
(6))) Additional area gear limits. The following Marine Fish-Shellfish Management and Catch Reporting Areas are restricted in the number of pots fished, operated, or used by a person or vessel and it is unlawful for any person to use, maintain, operate, or control pots in excess of the following limits:
(a) 10 pots in Marine Fish-Shellfish Management and Catch Reporting Area 25E.
(b) 10 pots in all waters of Marine Fish-Shellfish Management and Catch Reporting Area 25A south of a line projected true west from Travis Spit on Miller Peninsula.
(c) ((30)) 20 pots in that portion of Marine Fish-Shellfish
Management and Catch Reporting Area 25A west of a line projected
from the new Dungeness Light to the mouth of Cooper Creek and
east of a line projected from the new Dungeness Light to the
outermost end of the abandoned dock at the Three Crabs Restaurant
on the southern shore of Dungeness Bay.
(d) 10 pots in that portion of Marine Fish-Shellfish Management and Catch Reporting Area 23D west of a line from the eastern tip of Ediz Hook to the I77 Rayonier Dock.
(((7))) (6) Groundline gear is unlawful. No crab pot or
ring net may be attached or connected to other crab pot or ring
net by a common groundline or any other means that connects crab
pots together.
(((8))) (7) Puget Sound crab pots must be tagged. In Puget
Sound it is unlawful to place in the water, pull from the water,
possess on the water, or transport on the water any crab pot
without a pot tag that meets the requirements of WAC 220-52-043.
(((9))) (8) Puget Sound - No person can possess or use gear
with other person's tag. In Puget Sound no person may possess,
use, control, or operate any crab pot not bearing a tag
identifying the pot as that person's, except that an alternate
operator designated on a primary license may possess and operate
a crab pot bearing the tag of the license holder.
(((10))) (9) Cannot tamper with pot tags. No person shall
remove, damage, or otherwise tamper with crab pot tags except
when lawfully applying or removing tags on the person's own pots.
(((11))) (10) Thirty-day period when it is unlawful to buy
or land crab from ocean without crab vessel inspection. It is
unlawful for any fisher or wholesale dealer or buyer to land or
purchase Dungeness crab taken from Grays Harbor, Willapa Bay,
Columbia River, Washington coastal or adjacent waters of the
Pacific Ocean during the first thirty days following the opening
of a coastal crab season from any vessel which has not been
issued a Washington crab vessel inspection certificate. The
certificate will be issued to vessels made available for
inspection in a Washington coastal port and properly licensed for
commercial crab fishing if no Dungeness crabs are aboard. Inspections will be performed by authorized department personnel
not earlier than twelve hours prior to the opening of the coastal
crab season and during the following thirty-day period.
(((12))) (11) Grays Harbor pot limit of 200. It is unlawful
for any person to take or fish for crab for commercial purposes
in Grays Harbor (catch area 60B) with more than 200 shellfish
pots in the aggregate. It shall be unlawful for any group of
persons using the same vessel to take or fish for crab for
commercial purposes in Grays Harbor with more than 200 shellfish
pots.
(((13))) (12) Coastal crab pot limit.
(a) It is unlawful for a person to take or fish for Dungeness crab for commercial purposes in Grays Harbor, Willapa Bay, the Columbia River, or waters of the Pacific Ocean adjacent to the state of Washington unless a shellfish pot limit has been assigned to the Dungeness crab-coastal fishery license held by the person, or to the equivalent Oregon or California Dungeness crab fishery license held by the person.
(b) It is unlawful for a person to deploy or fish more shellfish pots than the number of shellfish pots assigned to the license held by that person, and it is unlawful to use any vessel other than the vessel designated on a license to operate or possess shellfish pots assigned to that license.
(c) It is unlawful for a person to take or fish for Dungeness crab or to deploy shellfish pots unless the person is in possession of valid documentation issued by the department that specifies the shellfish pot limit assigned to the license.
(((14))) (13) Determination of coastal crab pot limits.
(a) The number of shellfish pots assigned to a Washington Dungeness crab-coastal fishery license, or to an equivalent Oregon or California Dungeness crab fishery license will be based on documented landings of Dungeness crab taken from waters of the Pacific Ocean south of the United States/Canada border and west of the Bonilla-Tatoosh line, and from coastal estuaries in the states of Washington, Oregon and California. Documented landings may be evidenced only by valid Washington state shellfish receiving tickets, or equivalent valid documents from the states of Oregon and California, that show Dungeness crab were taken between December 1, 1996, and September 16, 1999. Such documents must have been received by the respective states no later than October 15, 1999.
(b) The following criteria shall be used to determine and assign a shellfish pot limit to a Dungeness crab-coastal fishery license, or to an equivalent Oregon or California Dungeness crab fishery license:
(i) The three "qualifying coastal Dungeness crab seasons" are from December 1, 1996, through September 15, 1997, from December 1, 1997, through September 15, 1998, and from December 1, 1998, through September 15, 1999. Of the three qualifying seasons, the one with the most poundage of Dungeness crab landed on a license shall determine the crab pot limit for that license. A crab pot limit of 300 shall be assigned to a license with landings that total from zero to 35,999 pounds and a crab pot limit of 500 shall be assigned to a license with landings that total 36,000 pounds or more.
(ii) Landings of Dungeness crab made in the states of Oregon or California on valid Dungeness crab fisheries licenses during a qualifying season may be used for purposes of assigning a shellfish pot limit to a Dungeness crab fishery license, provided that documentation of the landings is provided to the department by the Oregon Department of Fish and Wildlife and/or the California Department of Fish and Game. Landings of Dungeness crab made in Washington, Oregon, and California on valid Dungeness crab fishery licenses during a qualifying season may be combined for purposes of assigning a shellfish pot limit, provided that the same vessel was named on the licenses, and the same person held the licenses. A shellfish pot limit assigned as a result of combined landings is invalidated by any subsequent split in ownership of the licenses. No vessel named on a Dungeness crab fishery license shall be assigned more than one shellfish pot limit.
(((15))) (14) Appeals of coastal crab pot limits. An appeal
of a shellfish pot limit by a coastal commercial license holder
shall be filed with the department on or before the 30th day
following the department's assignment of a shellfish pot limit
under subsection (((14))) (13) of this section. The shellfish
pot limit assigned to a license by the department shall remain in
effect until such time as the appeal process is concluded.
(((16))) (15) Coastal - Barging of crab pots by undesignated
vessels. It is lawful for a vessel not designated on a Dungeness
crab-coastal fishery license to be used to deploy shellfish pot
gear provided that:
(a) Such a vessel may not carry aboard more than 150 shellfish pots at any one time.
(b) Such a vessel may deploy shellfish pot gear only during the 64-hour period immediately preceding the season opening date and during the 48-hour period immediately following the season opening date.
(c) The lawful owner of the shellfish pot gear must be aboard the vessel when the gear is being deployed.
(((17))) (16) Coastal shellfish pot tags. It is unlawful
for a person to use a shellfish pot in the coastal Dungeness crab
fishery unless the pot bears a tag that identifies either the
name of the vessel being used to operate the pot or the Dungeness
crab fishery license number of the owner of the pot, and the
telephone number of a contact person. No person may operate or
possess a pot that bears another person's tag, except that a
person who is licensed as an alternate operator may operate or
possess a pot that bears the tag of the primary license holder.
It is unlawful for any person who is not the owner of Dungeness
crab pot gear to remove, damage, or otherwise tamper with pot
gear tags.
(((18))) (17) Coastal - Registration and use of buoy brands
and colors.
(a) It is unlawful for any coastal Dungeness crab fishery license holder to fish for crab unless the license holder has registered the buoy brand and buoy color(s) to be used with the license. A license holder shall be allowed to register with the department only one, unique buoy brand and one buoy color scheme per license. Persons holding more than one license state shall register buoy color(s) for each license that are distinctly different. The buoy color(s) shall be shown in a color photograph.
(b) It is unlawful for a coastal Dungeness crab fishery license holder to fish for crab using any other buoy brand or color(s) than those registered with and assigned to the license by the department.
[Statutory Authority: RCW 77.12.047. 00-18-005 (Order 00-164), § 220-52-040, filed 8/23/00, effective 9/23/00. Statutory Authority: RCW 75.08.080. 98-19-012 (Order 98-185), § 220-52-040, filed 9/4/98, effective 10/5/98; 98-05-043, § 220-52-040, filed 2/11/98, effective 3/14/98; 97-08-052 (Order 97-55), § 220-52-040, filed 3/31/97, effective 5/1/97; 94-12-009 (Order 94-23), § 220-52-040, filed 5/19/94, effective 6/19/94; 91-10-024 (Order 91-22), § 220-52-040, filed 4/23/91, effective 5/24/91; 85-01-010 (Order 84-214), § 220-52-040, filed 12/7/84; 84-08-014 (Order 84-24), § 220-52-040, filed 3/27/84; 83-01-026 (Order 82-221), § 220-52-040, filed 12/8/82; 80-13-064 (Order 80-123), § 220-52-040, filed 9/17/80; 79-02-053 (Order 79-6), § 220-52-040, filed 1/30/79; Order 77-145, § 220-52-040, filed 12/13/77; Order 76-152, § 220-52-040, filed 12/17/76; Order 76-26, § 220-52-040, filed 1:45 p.m., 4/20/76; Order 1045, § 220-52-040, filed 3/8/73; Order 807, § 220-52-040, filed 1/2/69, effective 2/1/69; subsections 1, 5, 6, from Orders 409 and 256, filed 3/1/60; subsection 2 from Orders 500 and 256, filed 3/1/60; subsection 3 from Order 528, filed 6/1/61; Order 525, filed 5/3/61; Order 507, filed 4/8/60; Orders 409 and 256, filed 3/1/60; subsection 4 from Order 528, filed 6/1/61; Order 525, filed 5/3/61; Orders 409 and 256, filed 3/1/60; subsection 7 from Orders 414 and 256, filed 3/1/60; subsection 8 from Orders 410 and 256, filed 3/1/60; subsection 9 from Order 409, filed 9/14/56.]
"Commercial crab fishing" means any taking, fishing, use, or operation of gear to fish for crabs for commercial purposes, and shall include the possession of crab on the water for commercial purposes, and the landing or initial delivery of crab for commercial purposes.
The lawful open times and areas for commercial crab fishing are as follows:
(1) All Puget Sound Marine Fish-Shellfish Management and
Catch Reporting Areas are open for commercial crab fishing
beginning 8:00 a.m. October 1st through the following April 15th
((and, after October 1, one-half hour before sunrise to one-half
hour after sunset,)) except:
(a) Areas 25C, 26B, 26C, 26D, 27A, 27B, 27C, 28A, 28B, 28C, and 28D and those waters of Area 25E south of a line from Contractors Point to Tukey Point are not open to commercial crab fishing; and
(b) The areas and times provided by other subsections below are not open to commercial crab fishing.
(2) The following areas are closed to commercial crab fishing except for treaty Indian commercial crab fishing where the treaty Indian crab fisher is following tribal openings that are in accordance with provisions of court orders in United States v. Washington:
(((a) Those waters of Marine Fish-Shellfish Management and
Catch Reporting Area 20A between a line from the boat ramp at the
western boundary of Birch Bay State Park to the western point of
the entrance of the Birch Bay Marina and a line from the same
boat ramp to Birch Point are closed March 1 through April 15.
(b))) Those waters of Marine Fish-Shellfish Management and Catch Reporting Area 20A in Lummi Bay east of a line projected from the entrance buoy at Sandy Point to Gooseberry Point.
(((c))) (b) Those waters of Marine Fish-Shellfish Management
and Catch Reporting Area 21A in Bellingham Bay west of a line
projected from the exposed boulder at Point Francis to the
pilings at Stevie's Point.
(((d))) (c) Those waters of Marine Fish-Shellfish Management
and Catch Reporting Area 24A east of lines projected north from
the most westerly tip of Skagit Island and south to the most
westerly tip of Hope Island, thence southeast to Seal Rocks,
thence southeast to the green can buoy at the mouth of Swinomish
Channel, thence easterly to the west side of Goat Island.
(((e))) (d) Those waters of Marine Fish-Shellfish Management
and Catch Reporting Area 24B inside a line projected from Priest
Point to the five-meter tower between Gedney Island and Priest
Point, thence northwesterly on a line between the five-meter
tower and Barnum Point to the intersection with a line projected
true west from Kayak Point, thence east to shore.
(((f) Those waters of Marine Fish-Shellfish Management and
Catch Reporting Area 24B north of a line projected true west from
Kayak Point and south and west of a line from Kayak Point to
Barnum Point.
(g) Those waters of Marine Fish-Shellfish Management and Catch Reporting Area 25A west of a line from the new Dungeness Light to the mouth of Cooper Creek are closed through November 15th of each year.
(h) Those waters of Marine Fish-Shellfish Management and Catch Reporting Area 25D within a line projected from the Point Hudson Marina entrance to the northern tip of Indian Island, thence to Kala Point, and thence following the shoreline to the point of origin.))
(3) The following areas are closed to commercial crab fishing during the periods indicated:
(a) Those waters of Marine Fish-Shellfish Management and Catch Reporting Area 20A between a line from the boat ramp at the western boundary of Birch Bay State Park to the western point of the entrance of the Birch Bay Marina and a line from the same boat ramp to Birch Point are closed March 1 through April 15.
(b) Those waters of Marine Fish-Shellfish Management and
Catch Reporting Area 24C inshore of the 400 foot depth contour
within an area bounded by parallel lines projected northeasterly
from Sandy Point and the entrance to the marina at Langley are
closed October 1 through October ((31)) 15, and March ((1)) 15
through April 15 of each year.
(((b))) (c) Those waters of Marine Fish-Shellfish Management
and Catch Reporting Area 26A in Useless Bay north and east of a
line from ((Indian Point to a point on shore 1.5 miles northeast
of)) the south end of the Double Bluff State Park seawall
(47º58.782'N, 122º30.840'W) projected 110 degrees true to the
boulder on shore (47º57.690'N, 122º26.742'W) are closed October
((1)) 15 through October 31, and March ((1)) 15 through April 15
of each year.
(((c) Those waters of Marine Fish-Shellfish Management and
Catch Reporting Area 21B inside lines from Oyster Creek to the
fisheries monument on Samish Island and from Oyster Creek to
Point Williams are closed shoreward of the ten fathom contour
October 1 through October 31, and March 1 through April 15 of
each year.))
(d) Those waters of Marine Fish-Shellfish Management and Catch Reporting Area 22B in Fidalgo Bay south of a line projected from the red number 4 entrance buoy at Cap Sante Marina to the northern end of the eastern most oil dock are closed October 1 through October 31, and March 1 through April 15 of each year.
(e) ((Those waters of Marine Fish-Shellfish Management and
Catch Reporting Area 24A in Coronet Bay south of a line projected
true east and west from the northernmost tip of Ben Ure Island
are closed October 1 through October 31, and March 1 through
April 15 of each year.)) Those waters of Marine Fish-Shellfish
Management and Catch Reporting Area 22A in Deer Harbor north of a
line projected from Steep Point to Pole Pass are closed October 1
through October 31 and March 1 through April 15 of each year.
(4) The following areas are closed to commercial crab fishing until further notice:
(a) Those waters of Marine Fish-Shellfish Management and Catch Reporting Area 24A within a line projected from Rocky Point northeast to the red number 2 buoy, thence to Brown Point.
(b) Those waters of Marine Fish-Shellfish Management and
Catch Reporting Area 24D south of a line from ((Dines Point)) the
point at the southern end of Honeymoon Bay (48º03.047'N,
122º32.306'W) to the point just north of Beverly Beach.
(c) Those waters of Marine Fish-Shellfish Management and
Catch Reporting Area 26A ((south and)) east of a line projected
from the ((3A buoy at the Snohomish River mouth to the))
outermost tip of the ferry dock at Mukilteo to the green #3 buoy
at the mouth of the Snohomish River and west of a line projected
from the #3 buoy southward to the oil boom pier on the shoreline.
(d) Those waters of Marine Fish-Shellfish Management and Catch Reporting Area 26A within a line from the green number 1 buoy at Scatchet Head to the green number 1 buoy at Possession Point thence following the 200 foot contour to a point due east from the Glendale Dock.
(e) Those waters of Marine Fish-Shellfish Management and
Catch Reporting Area 21B in Samish Bay south of a line from
((Oyster Creek to the fisheries management monument on Samish
Island)) Point Williams to Fish Point.
(f) Those waters of Marine Fish-Shellfish Management and Catch Reporting Area 22A in Westcott and Garrison Bays east of a line projected due south from Point White to San Juan Island.
(g) Those waters of Marine Fish-Shellfish Management and Catch Reporting Area 20A in Birch Bay east of a line projected from the boat ramp at the western boundary of Birch Bay State Park to the western point of the entrance to the Birch Bay Marina.
(h) Those waters of Marine Fish-Shellfish Management and
Catch Reporting Area 21A ((shoreward of the ten-fathom (MLLW)
contour in)) inside of Chuckanut Bay east of a line projected
north from Governor's Point to the east side of Chuckanut Island
thence to Chuckanut Rock thence to the most southerly tip of
Clark's Point.
(i) Those waters of Marine Fish-Shellfish Management and Catch Reporting Area 22A in Blind Bay south of a line projected due west from Point Hudson to Shaw Island.
(j) Those waters of Marine Fish-Shellfish Management and Catch Reporting Area 22A in Deer Harbor north of a line projected from Steep Point to Pole Pass.
(k) Those waters of Marine Fish-Shellfish Management and Catch Reporting Area 22A in Fisherman Bay south of a line projected east-west through the red number 4 entrance buoy.
(l) Those waters of Marine Fish-Shellfish Management and Catch Reporting Area 22A in Mud Bay south of a line projected from Lopez Island through Crab and Fortress Islands to Lopez Island.
(m) Those waters of Marine Fish-Shellfish Management and Catch Reporting Area 22B in Padilla Bay within a line projected from the northern end of the eastern most oil dock to the red number 2 buoy, thence southeasterly to the red number 8 buoy, thence west to shore.
(n) ((All waters in the San Juan Islands Marine Preserve
Area.)) Those waters of Marine Fish-Shellfish Management and
Catch Reporting Area 25A west of a line from the New Dungeness
Light to the outermost tip of the abandoned dock at the Three
Crabs Restaurant.
(o) Those waters of Marine Fish-Shellfish Management and Catch Reporting Area 25D within a line projected from the Point Hudson Marina entrance to the northern tip of Indian Island, thence to Kala Point, thence following the shoreline to the point of origin.
(p) Those waters of Marine Fish-Shellfish Management and Catch Reporting Area 24A in Cornet Bay south of a line projected true east and west from the northernmost tip of Ben Ure Island.
(q) That portion of Marine Fish-Shellfish Management and Catch Reporting Area 20B which includes all waters of Prevost Harbor between Stuart Island and Satellite Island southwest of a line from Charles Point on Stuart Island to the northwest tip of Satellite Island and southwest of a line from the southeast end of Satellite Island to Stuart Island.
(r) Those waters of Marine Fish-Shellfish Management and Catch Reporting Area 22A in East Sound north of a line from the southern point of Judd Bay on the west to Giffin Rocks on the east.
(5) Coastal, Pacific Ocean, Grays Harbor, Willapa Bay and Columbia River waters are open to commercial crab fishing December 1 through September 15 except that it is lawful to set baited crab gear beginning at 8:00 a.m. November 28. However, the department may delay opening of the coastal crab fishery due to softshell crab conditions, in which case the following provisions will apply:
(a) After consultation with the Oregon Department of Fish and Wildlife, the director may, by emergency rule, establish a softshell crab demarcation line.
(b) For waters of the Pacific Ocean north of Point Arena, California, it is unlawful for a person to use a vessel to fish in any area for which the season opening has been delayed due to softshell crab for the first thirty days following the opening of such an area if the vessel was employed in the coastal crab fishery during the previous forty-five days.
(c) Fishers may not set crab gear in any area where the season opening has been delayed, except that gear may be set as allowed by emergency rule and shall allow setting sixty-four hours in advance of the delayed season opening time.
(d) It is unlawful to fish for or possess Dungeness crabs or to set crab gear in waters of the Pacific Ocean adjacent to the states of Oregon or California except during the lawful open seasons, areas and times specified by the individual states.
(6) The following areas (Special Management Area; SMA's) are closed to commercial crab fishing during the periods indicated, except for treaty Indian commercial crab fishing where the treaty Indian crab fisher is following tribal openings that are in accordance with provisions of court orders in United States v. Washington:
(a) Those waters bounded by lines projected between the following coordinates:
| Southern SMA Description: |
||
| NW corner: | 47°09.00'N | 124°23.80'W (LORAN 41885) |
| NE corner: | 47°09.00'N | 124°16.30'W |
| SW corner: | 46°58.00'N | 124°22.00'W (LORAN 41885) |
| SE corner: | 46°58.00'N | 124°15.30'W |
Northern SMA Description: |
||
| NW corner: | 47°32.00'N | 124°34.00'W (LORAN 41865) |
| NE corner: | 47°32.00'N | 124°29.50'W (LORAN 41880) |
| SW corner: | 47°27.00'N | 124°33.00'W (LORAN 41865) |
| SE corner: | 47°27.00'N | 124°28.60'W (LORAN 41880) |
(b) Those waters between 47°40.50'N (Destruction Island) north to 48°02.25'N, east of a line (to the coastline) described by the following points:
| Southern point: | 47°40.50'N | 124°37.50'W |
| Central point: | 48°00.00'N | 124°49.50'W |
| Northern point: | 48°02.25'N | 124°50.00'W |
(c) Those waters east of a line approximating the 25 fathom curve, from 48°02.15'N 124°50'00"W to 48°07'36"N 124°51'24"W to 48°20'00"N 124°50'00"W to Cape Flattery. This area will close to non-Indian fishing December 29, 1997, (after 28 days of fishing) and remain closed through March 31, 1998. The area will reopen on April 1, 1998, and remain open through September 15, 1998.
(d) It is unlawful to place gear, fish for or take Dungeness crab for commercial purposes in the following area from July 1 through September 15:
Those waters west of straight lines drawn in sequence from south to north between the following coordinates:
| Land description | Coordinate | |
| (i) | Washington - Oregon border | 46°15.00'N 124°10.00'W |
| (ii) | Seaview | 46°20.00'N 124°10.00'W |
| (iii) | Willapa Bay entrance | 46°40.00'N 124°10.00'W |
| (iv) | N. Willapa Bay spits | 46°43.50'N 124°11.50'W |
| (v) | Grayland | 46°50.00'N 124°12.30'W |
| (vi) | Grays Harbor | 46°54.70'N 124°16.00'W |
| (vii) | Ocean Shores | 47°00.00'N 124°16.00'W |
| (viii) | Moclips | 47°15.00'N 124°19.00'W |
| (ix) | Cape Elizabeth | 47°20.00'N 124°25.00'W |
| (x) | Raft River | 47°27.00'N 124°28.60'W (follow TD 41880 to waypoint # 11 N. Destruction Island) |
| (xi) | N. Destruction Island | 47°42.40'N 124°31.50'W |
| (xii) | Lapush | 47°55.00'N 124°46.00'W |
| (xiii) | Carol Island | 48°00.00'N 124°49.50'W |
| (xiv) | N. Lake Ozette | 48°07.60'N 124°51.40'W |
| (xv) | Makah Bay | 48°20.00'N 124°50.00'W |
| (xvi) | Cape Flattery | Point on land |
[Statutory Authority: RCW 75.08.080. 99-10-062 (Order 99-59), § 220-52-046, filed 5/3/99, effective 6/3/99; 98-19-012 (Order 98-185), § 220-52-046, filed 9/4/98, effective 10/5/98; 98-05-043, § 220-52-046, filed 2/11/98, effective 3/14/98; 97-08-052 (Order 97-55), § 220-52-046, filed 3/31/97, effective 5/1/97; 94-12-009 (Order 94-23), § 220-52-046, filed 5/19/94, effective 6/19/94; 93-15-051, § 220-52-046, filed 7/14/93, effective 8/14/93; 91-10-024 (Order 91-22), § 220-52-046, filed 4/23/91, effective 5/24/91; 87-05-038 (Order 87-08), § 220-52-046, filed 2/18/87; 85-01-010 (Order 84-214), § 220-52-046, filed 12/7/84; 84-08-014 (Order 84-24), § 220-52-046, filed 3/27/84; 83-01-026 (Order 82-221), § 220-52-046, filed 12/8/82; 80-13-064 (Order 80-123), § 220-52-046, filed 9/17/80; Order 76-152, § 220-52-046, filed 12/17/76; Order 1179, § 220-52-046, filed 11/19/74; Order 1112, § 220-52-046, filed 4/15/74; Order 1057, § 220-52-046, filed 5/22/73; Order 920, § 220-52-046, filed 5/13/71; Order 807, § 220-52-046, filed 1/2/69, effective 2/1/69. Formerly WAC 220-52-040 (2), (3), (4) and (9).]
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.
AMENDATORY SECTION(Amending Order 99-217, filed 12/17/99,
effective 1/17/00)
WAC 220-52-051
Shrimp fishery -- Puget Sound.
(1) A Puget Sound shrimp pot license or a Puget Sound shrimp trawl license will only be issued to an individual who is a natural person, and this person shall be the primary operator. The primary operator is required to operate the gear more than one-half of the season and make at least one-half of the landings, as established by valid fish receiving tickets. Holders of Puget Sound shrimp pot licenses and Puget Sound shrimp trawl licenses may designate a single alternate operator per license. The alternate operator may operate the gear up to but not equaling one-half of the fishing effort of the vessel per season, and may make up to but not equaling one-half of the landings, as established by valid fish receiving tickets, except that the director may allow operation of the gear and sale of the shrimp by an alternate operator in excess of one-half of the fishing effort in the case of a bona fide medical emergency for which the primary operator has presented a physician's statement which includes the medical condition and expected date of recovery of the primary operator. Notification of the medical emergency, presentation of the physician's statement, and obtaining a waiver from the director must be accomplished prior to the end of the season for which the license holder is seeking exception from the seasonal requirement that the primary operator perform more than one half of the fishing effort.
(2) ((The following areas are defined as Puget Sound
Crustacean Management Regions:
(a) Crustacean Management Region 1A - (Western San Juan Islands). The portion of Marine Fish-Shellfish Management and Catch Reporting Area 20B west of a line from Point Doughty on Orcas Island to the bell buoy at the international boundary due north of Waldron Island, and the portion of Marine Fish-Shellfish Management and Catch Reporting Area 22A west of the following line: Beginning at Steep Point on Orcas Island to Neck Point on Shaw Island, then southerly following the west coast of Shaw Island to the southernmost point of Shaw Island, then to the western entrance to Fisherman's Bay on Lopez Island, then southerly and easterly following the west coast of Lopez Island to Point Colville.
(b) Crustacean Management Region 1B - (Eastern San Juan Islands). The portions of Marine Fish-Shellfish Management and Catch Reporting Areas 20B and 22A to the east of Crustacean Management Region 1A and the portion of Marine Fish-Shellfish Management and Catch Reporting Area 21A north and west of a line from the southern tip of Sinclair Island to Carter Point on Lummi Island.
(c) Crustacean Management Region 1C - (Gulf of Georgia/North Puget Sound Bays). All waters of Marine Fish-Shellfish Management and Catch Reporting Areas 20A, 21B, and 22B, and the portion of Marine Fish-Shellfish Management and Catch Reporting Area 21A outside of Crustacean Management Region 1B.
(d) Crustacean Management Region 2 - (Central Puget Sound). All waters of Marine Fish-Shellfish Management and Catch Reporting Areas 24A, 24B, 24C, 24D, 25B, 25D, 25E, and 26A.
(e) Crustacean Management Region 3 - (Strait of Juan de Fuca). All waters of Marine Fish-Shellfish Management and Catch Reporting Areas 23A, 23B, 23C, 23D, 25A, and 29.
(f) Crustacean Management Region 4 - (Southern Central Puget Sound). All waters of Marine Fish-Shellfish Management and Catch Reporting Areas 26B, 26C, and 26D.
(g) Crustacean Management Region 5 - (Hood Canal). All waters of Marine Fish-Shellfish Management and Catch Reporting Areas 25C, 27A, 27B, and 27C.
(h) Crustacean Management Region 6 - (South Puget Sound). All waters of Marine Fish-Shellfish Management and Catch Reporting Areas 28A, 28B, 28C, and 28D.
(3))) It is unlawful to fish for shrimp for commercial purposes in Puget Sound using shellfish pot gear except during seasons opened by emergency rule:
(a) Gear restrictions -
(i) In all areas, maximum 100 pots per fisher.
(ii) In all areas:
(A) Buoys must be orange in color and consist of durable material that will remain floating on the surface with five pounds attached; bleach or antifreeze bottles or other containers may not be used as floats.
(B) The line attaching the pot to the buoy must be weighted sufficiently to prevent the line from floating on the surface.
(C) The maximum perimeter of shrimp pots must not exceed ten feet and the maximum height must not exceed two feet.
(b) Spot shrimp size restriction: It is unlawful to retain spot shrimp taken by shellfish pot gear that have a carapace length less than 1 and 3/16 inches. Carapace length is defined as the length between the posterior mid-dorsal margin to the posterior-most part of the eye-stalk orbit.
(((4))) (c) Area restrictions:
(i) Pot gear closed in all Puget Sound Shrimp Districts.
(ii) Pot gear closed in Lopez Sound south of a line projected true east-west from the northern tip of Trump Island from the season opening through July 9th.
(3) It is unlawful to fish for shrimp for commercial purposes in Puget Sound using trawl gear except during seasons opened by emergency rule:
(a) Gear restrictions - Beam trawl gear only. Otter trawl gear may not be used.
(i) Maximum beam width in Marine Fish-Shellfish Management and Catch Reporting Areas 20A, 20B, 21A, and 22A is 25 feet.
(ii) Maximum beam width in Marine Fish-Shellfish Management and Catch Reporting Areas 23A, 23B, 23C, 25A, 25B, and 29 is 60 feet.
(b) It is unlawful to retain spot shrimp.
(c) Area restrictions:
(i) Shrimp trawl fishing closed in all Puget Sound Shrimp Districts.
(ii) Shrimp trawl fishing closed in Lopez Sound south of a line projected true east-west from the northern tip of Trump Island from the season opening through July 9th.
(d) It is unlawful to fish for shrimp in Puget Sound with beam trawl gear in waters shallower than 100 feet.
(e) 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.
(f) The following restrictions apply to shrimp beam 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.
(iii) Closed in waters shallower than 50 fathoms from March 16 through July 31.
(4) All shrimp taken in the Puget Sound commercial shrimp fishery must be landed and recorded on Washington state fish receiving tickets within 24 hours of harvest. 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. A fisher who is a licensed wholesale dealer may complete and return a fish receiving ticket to satisfy the requirements of this subsection.
[Statutory Authority: RCW 74.08.080 and 1999 c 239. 00-01-124 (Order 99-217), § 220-52-051, filed 12/17/99, effective 1/17/00. Statutory Authority: RCW 75.28.740 and 75.30.220. 94-07-092 (Order 94-14), § 220-52-051, filed 3/17/94, effective 4/17/94. Statutory Authority: RCW 75.08.080. 93-15-051, § 220-52-051, filed 7/14/93, effective 8/14/93; 91-18-030 (Order 91-73), § 220-52-051, filed 8/28/91, effective 9/28/91; 87-23-006 (Order 87-187), § 220-52-051, filed 11/6/87.]