12-20-007

WSR 12-20-007

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 12-217 -- Filed September 20, 2012, 3:10 p.m. , effective September 22, 2012, 6:00 p.m. ]

     Effective Date of Rule: September 22, 2012, 6:00 p.m.

     Purpose: Amend commercial fishing rules.

     Citation of Existing Rules Affected by this Order: Repealing WAC 220-52-05100U; and amending WAC 220-52-051.

     Statutory Authority for Adoption: RCW 77.12.047 and 77.04.020.

     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 2012 state/tribal shrimp harvest management plans for the Strait of Juan de Fuca and Puget Sound require adoption of harvest seasons contained in this emergency rule. This emergency rule closes SMA 1A, 1B and 1C to nonspot shrimp fishing, as the quota has been taken. There is insufficient time to adopt 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 20, 2012.

Philip Anderson

Director

NEW SECTION
WAC 220-52-05100V   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) Spot shrimp:

     i) All waters are closed.

     (b) Shrimp species other than spot shrimp:

     i) Effective immediately until further notice, all waters of Shrimp Management Areas (SMA) 2W, 3 and 6 are open, except as provided for in this section:

     a. All waters of Discovery Bay Shrimp District are closed.

     b. It is unlawful to pull shellfish pots in more than one catch area per day.

     (2) Shrimp beam trawl gear:

     (a) SMA 3 (outside of the Discovery Bay Shrimp District, Sequim Bay and Catch Area 23D) is open, effective immediately until further notice. Sequim Bay includes those waters of Catch Area 25A south of a line projected west from Travis Spit on the Miller Peninsula.

     (b) Those portions of Catch Areas 21A and 22A within SMA 1B are open, effective immediately until further notice.

     (c) All waters of Catch Area 20A are open, effective immediately until further notice.

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

[]

REPEALER

     The following section of the Washington Administrative Code is repealed effective 6:00 p.m. September 22, 2012:

WAC 220-52-05100U

Puget Sound shrimp beam trawl fishery -- Season. (12-208)