WSR 01-18-061

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 01-189 -- Filed August 30, 2001, 4:41 p.m. ]

Date of Adoption: August 30, 2001.

Purpose: Amend commercial fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-52-05100V; and 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 in Marine Fish Shellfish Catch and Reporting Areas 20B (trawl gear share), and 24A, 24C, and 24D (pot gear share) are projected to be taken by the closure dates listed above. The 2001 state/tribal Puget Sound shrimp harvest management plan requires adoption of the harvest seasons and the prohibition on nighttime fishing contained in this rule. Emergency rapid reporting requirements are necessary as quotas can be far exceeded in one day of fishing. A weekly landing limit for spot shrimp is necessary to reduce risk of overharvest, maintain an orderly fishery, provide the ability to enforce state/tribal plan requirements and to ensure conservation. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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

August 30, 2001

Sara G. LaBorde

for Jeff Koenings

Director


NEW SECTION
WAC 220-52-05100W   Puget Sound shrimp pot and beam trawl fishery -- Seasons & weekly trip limits.   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) All waters of Crustacean Management Regions 1B, 1C, 2, 3, 4, and 6 are open to harvest of all shrimp species until further notice, except as provided below:

(b) It is unlawful to harvest spot shrimp for commercial purposes in Crustacean Management Regions 1B, 1C, and 2, and Marine Fish Shellfish Catch and Reporting Areas 23B, 25A, 25C, 26B-1, 26B-2, 26B-3, 26C, 26D, and 23A east of a line projected 335 degrees true from the Dungeness lighthouse.

(c) Effective 8:00 p.m., September 2, 2001 until further notice it is unlawful to harvest shrimp for commercial purposes in Marine Fish-Shellfish Catch and Reporting Areas 24A, 24C, and 24D.

(d) All waters of Marine Fish-Shellfish Catch and Reporting Area 25E remains closed.

(e) It is lawful to harvest all shrimp species except spot shrimp in the Discovery Bay Shrimp District portion of Marine Fish-Shellfish Catch and Reporting Area 25A except that.

(i) There is a 10-pot per vessel limit when fishing in the Discovery Bay Shrimp District.

(ii) Landings from the Discovery Bay Shrimp District must be hailed as coming from the Discovery Bay Shrimp District.

(f) For purposes of shrimp harvest allocation and catch reporting, Marine Fish-Shellfish Catch and Reporting Area 26B is divided into three subareas: 26B-1 is those waters of Catch Area 26B south of the 47 degrees 40.00 minutes latitude line (which is approximately 200 yards north of Skiff Point) and excluding the waters of 26B-3. 26B-2 is all waters of Catch Area 26B north of the 47 degrees 40.00 minutes latitude line (which is approximately 200 yards north of Skiff Point). 26B-3 is those waters easterly of a line projected from West Point to Alki Point.

(i) 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, or to exceed 600 pounds per week from Crustacean Management Regions 1 or 3 except, any fisher whose weekly shrimp harvest activity is exclusively limited to Marine Fish-Shellfish 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 335 degrees true from the Dungeness lighthouse), 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. It is unlawful to fish for any shrimp while in possession on board the fishing vessel spot shrimp harvested from the previous trip limit accounting week or weeks.

(g) 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 number of pots being moved to a new area and the Marine Fish-Shellfish Management and Catch Reporting Area that the pots are being moved to.

(h) For purpose of shrimp pot catch reporting, 23A East is that portion of Marine Fish-Shellfish Management and Catch Reporting Area 23A, east of a line projected 335 degrees true from the Dungeness lighthouse. 23A West is that portion of Marine Fish-Shellfish Management and Catch Reporting Area 23A, west of the line described herein.

(2) Shrimp beam trawl gear:

(a) Crustacean management area 1B and 1C - Open until further notice, except as provided below:

(i) Effective immediately until further notice it is unlawful to harvest shrimp for commercial purposes in Marine Fish Shellfish Catch and Reporting Areas 20B, 21B and 22B.

(b) Crustacean management area 3 - Open until further notice.

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

(d) It is unlawful to fish for shrimp in Puget Sound with beam trawl gear in Marine Fish-Shellfish Management and Catch Reporting Area 21A except 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) For purpose of shrimp trawl catch reporting, 23A East is that portion of Marine Fish-Shellfish Management and Catch Reporting Area 23A, east of a line projected true north from the Dungeness lighthouse. 23A West is that portion of Marine Fish-Shellfish Management and Catch Reporting Area 23A, west of the line described herein.

(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 or beam trawl gear in Port Angeles Shrimp District, the Sequim Bay Shrimp District, the Hood Canal Shrimp District, the Carr Inlet Shrimp District and with trawl gear in Discovery Bay Shrimp District.

(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:
WAC 220-52-05100V Puget Sound shrimp pot and beam trawl fishery-seasons and weekly trip limits. (01-159)

Washington State Code Reviser's Office