EMERGENCY RULES
FISH AND WILDLIFE
Date of Adoption: April 16, 2003.
Purpose: Amend commercial fishing regulations.
Citation of Existing Rules Affected by this Order: Repealing WAC 220-52-05100P; and amending WAC 220-16-270, 220-52-035, and 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 2003 state/tribal Puget Sound shrimp harvest management plans require adoption of the harvest seasons, harvest reporting areas, and the prohibition on night time fishing contained in this emergency rule. Emergency rapid reporting requirements are necessary as quotas can be far exceeded in one day of fishing. Rot cord of 100 thread size is no longer available, so the thread size of 120 will be mandated for commercial shrimp pots. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 3, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.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Repealed 0;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Repealed 0;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Repealed 0.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.
April 16, 2003
J. P. Koenings
Director
by Larry Peck
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(1) Attachment of pot lid hooks or tiedown straps with a single strand or loop of untreated cotton twine or other natural fiber no larger than thread size 120 for crab pots or shrimp pots so that the pot lid will open freely if the twine or fiber is broken.
(2) An opening in the pot mesh no less than three inches by five inches which is laced or sewn closed with untreated cotton twine or other natural fiber no larger than thread size 120 for crab pots or shrimp pots. The opening must be located within the top half of the pot and be unimpeded by the entry tunnels, bait boxes, or any other structures or materials.
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(1) Shrimp pot gear:
(a) All waters of Marine Fish-Shellfish Management and Catch and Reporting Areas 23A-S (south), 23C, 23D, and 29, are open to harvest of all shrimp species from 6:00 a.m. May 1, 2003 until further notice.
(b) All waters of Shrimp Management Areas 1B (except as provided in section 1(f)) and 1C, and Crustacean Management Regions 2 (except as provided in section 1(g)), 4, and 6, and Marine Fish-Shellfish Catch and Reporting Area 25A are open to harvest of all shrimp species except spot shrimp from 6:00 a.m. May 1, 2003 until further notice.
(c) The shrimp 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 and the Marine Fish-Shellfish Management and Catch Reporting Area that the 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 1(d) above.
(f) The following restrictions apply to shellfish pot gear harvest in Marine Fish-Shellfish Management and Catch Reporting Area 22A:
(i) Closed through June 15 in waters within a line beginning at the Blakely Island Marina at the northwest corner of Blakely Island, then projected two nautical miles due west, then southerly paralleling the western shore line of Blakely Island to a line projected due west from Bald Bluff on Blakely Island.
(g) The following restrictions apply to shellfish pot gear harvest in Marine Fish-Shellfish Management and Catch Reporting Area 25D:
(i) Closed through June 18 in waters of Port Townsend Bay south of the 48°06'N latitude line and north of the 48°04'N latitude line and east of the 122°46'W longitude line.
(2) Shrimp beam trawl gear:
(a) Crustacean Management Region 3 outside of the shrimp districts: Open immediately, until further notice.
(b) Shrimp Management Area 1B: Marine Fish Shellfish Catch and Reporting Area 22A open effective 6:00 a.m. May 16, 2003, until further notice.
(3) It is unlawful to set or pull shellfish pot or shrimp beam trawl gear from one hour after official sunset to one hour before official sunrise.
(4) All shrimp taken under this section must be sold to licensed Washington wholesale fish dealers.
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The following section of the Washington Administrative Code is repealed:
| WAC 220-52-05100P | Puget Sound shrimp beam trawl fishery -- Seasons. (03-63) |