WSR 05-19-002

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 05-204 -- Filed September 7, 2005, 4:49 p.m. , effective September 7, 2005 ]


Purpose: Amend commercial use fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-52-05100C; 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: Enough commercial spot shrimp quota remains in several areas to allow a thirty hour fishery with reduced trip limits in those areas. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: September 7, 2005.

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 220-52-05100D   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 for in this section:

(1) Shrimp pot gear:

(a) All waters of Shrimp Management Areas 1B, 1C, Crustacean Management Regions 2, 3, 4 and 6, are open to the harvest of all shrimp species, except as provided for in this section:

i) It is unlawful to harvest shrimp for commercial purposes in Marine Fish/Shellfish Management and Catch Reporting Areas 23A-C, 23A-E, 23A-W, 26B, all shrimp districts except Port Townsend Bay, and that portion of Area 25D south of 48.06 North latitude, north of 48.04 North latitude, and east of the 122.46 West longitude line, except as provided for in this section:

a. Marine Fish/Shellfish Management and Catch Reporting Area 23A-C (central is open for spot shrimp effective 7:00 a.m. September 8, 2005 through 1:00 p.m., September 9, 2005, with a 110 pound weekly limit.

b. Marine Fish/Shellfish Management and Catch Reporting Area 23A-E (east) is open for spot shrimp effective 7:00 a.m. September 8, 2005 through 1:00 p.m., September 9, 2005, with a 210 pound weekly limit.

c. Marine Fish/Shellfish Management and Catch Reporting Area 23A-W (west) is open for spot shrimp effective 7:00 a.m. September 8, 2005 through 1:00 p.m., September 9, 2005, with a 130 pound weekly limit.

d. Marine Fish/Shellfish Management and Catch Reporting Area 26B-2 is open for spot shrimp effective 7:00 a.m. September 8, 2005 through 1:00 p.m., September 9, 2005, with a 210 pound weekly limit.

ii) It is unlawful to harvest spot shrimp for commercial purposes in Shrimp Management Area 1B, 1C, 2-E, 2-W, and Marine Fish/Shellfish Management and Catch Reporting Areas 23A-S, 23B, 23C, 25A, 25D and 26D, except as provided for in this section:

a. Shrimp Management Area 1C is open for spot shrimp effective 7:00 a.m. September 8, 2005 through 1:00 p.m., September 9, 2005, with a 75 pound weekly limit.

b. Shrimp Management Area 2-W (west) are open for spot shrimp effective 7:00 a.m. September 8, 2005 through 1:00 p.m., September 9, 2005, with a 270 pound weekly limit.

c. Marine Fish/Shellfish Management and Catch Reporting Area 23B is open for spot shrimp effective 7:00 a.m. September 8, 2005 through 1:00 p.m., September 9, 2005, with a 150 pound weekly limit.

iii) Until further notice, it is unlawful for the combined harvest of spot shrimp by a fisher and/or the fisher's alternate operator to exceed 300 pounds per week from Marine Fish/Shellfish Management and Catch Reporting Areas 23D or Crustacean Management Region 6.

(b) The shrimp trip limit accounting week is Monday through Sunday.

(c) Any fisher whose weekly shrimp harvest activity is exclusively limited to Marine Fish-Shellfish Management and Catch Reporting Area 29, shall not be subject to the weekly spot shrimp trip limit for that week. It is unlawful to fish for any shrimp while in possession, on board the fishing vessel, of spot shrimp harvested from the previous trip limit accounting week or weeks. 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. The number of pots being moved to a new area and the Marine Fish-Shellfish Management and Catch Reporting Area to which the pots are being moved.

(d) 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(e) above.

(e) For purposes of shrimp harvest allocation, fishing season, and catch reporting, Marine Fish-Shellfish Management and Catch Reporting Area 23A is divided into four subareas: 23A-E (east) is those waters of Catch Area 23A north of a line projected 48.22.50'N latitude east of a line projected 122.57W longitude. 23A-W (west) is those waters of Catch Area 23A north of a line projected 48.22.50'N latitude and west of a line projected 122.57W longitude. 23A-C (central) is those waters of Catch Area 23A south of a line projected 48.22.50'N latitude and east of a line projected 335 degrees true from the Dungeness lighthouse. 23A-S (south) is those waters of Catch Area 23A west of a line projected 335 degrees true from the Dungeness lighthouse.

(2) Shrimp beam trawl gear:

(a) Crustacean Management Region 3 outside of the shrimp districts and Marine Fish/Shellfish Management and Catch Reporting Area 20A are open immediately, until further notice.

(b) That portion of Marine Fish-Shellfish Management and Catch Reporting Areas 21A and 22A within Shrimp Management Area 1B is open immediately, until further notice.

(c) It is unlawful to set or pull shrimp beam trawl gear from one hour after official sunset to one hour before official sunrise.

(3) All shrimp taken under this section must be sold to licensed Washington wholesale fish dealers.

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Reviser's note: The typographical errors in the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.
REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 220-52-05100C Puget Sound shrimp pot and beam trawl fishery -- Season (05-198)

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.

Washington State Code Reviser's Office