WSR 13-20-044 EMERGENCY RULES DEPARTMENT OF FISH AND WILDLIFE [Order 13-248—Filed September 25, 2013, 1:43 p.m., effective September 25, 2013, 1:43 p.m.] Effective Date of Rule: Immediately upon filing.
Purpose: Amend commercial fishing rules.
Citation of Existing Rules Affected by this Order: Repealing WAC 220-52-05100K, 220-52-05100L, 220-52-07500M, 220-52-07500N, 220-69-24000E and 220-69-24000F; and amending WAC 220-52-051, 220-52-075, and 220-69-240.
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 2013 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 (1) closes beam trawl Catch Area 1B-21A/22A, as the quota has been reached; (2) reopens beam trawl area 1B-20B to harvest the relatively small amount of quota remaining; (3) closes the nonspot shrimp pot fishery season in the remaining open areas of Puget Sound, and the beam trawl fishery in Shrimp Management Areas 1 and 3 to protect egg-bearing females as per the shrimp management plans; and (4) updates fax number for reporting. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 3, Amended 0, Repealed 6.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 25, 2013.
Joe Stohr
for Philip Anderson
Director
NEW SECTION
WAC 220-52-05100L 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 2W and 3 are open to the harvest of all shrimp species, effective immediately, until 6:00 p.m. October 15, 2013, except as provided for in this section: i) All waters of the Discovery Bay Shrimp District are closed; ii) All waters of Shrimp Management Areas 2W and 3 are closed to the harvest of spot shrimp; (d) It is unlawful to pull shellfish pots in more than one catch area per day. (2) The following areas are open to Shrimp beam trawl gear, effective immediately, until further notice. (a) Shrimp Management Area (SMA) 3 (outside of the Discovery Bay Shrimp District, Sequim Bay and Catch Area 23D). Sequim Bay includes those waters of Catch Area 25A south of a line projected west from Travis Spit on the Miller Peninsula. (b) Effective immediately, until 6:00 p.m. September 28, 2013, that portion of Catch Areas 20B within SMA 1B. (c) Effective immediately, until 6:00 p.m. October 15, 2013, all waters of Catch Area 20A. (3) It is unlawful to sell shrimp taken under this section to any person who is not a licensed Washington wholesale fish dealer.
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. NEW SECTION
WAC 220-52-07500N Shellfish harvest logs.
Notwithstanding the provisions of WAC 220-52-075, effective immediately, until further notice, it is unlawful for vessel operators engaged in commercial harvest of shrimp from Puget Sound with shellfish pot gear to fail to report their daily catch by text message, e-mail or FAX to WDFW by 10:00 a.m. the day after the shrimp are harvested. Text message and e-mail daily catch reports must be submitted to shrimpreport@dfw.wa.gov, and FAX reports must be transmitted to FAX number 360-302-3031. Daily catch reports must include the following information as it is recorded on the fish receiving ticket: Fisher name, buyer name, pounds landed per shrimp species, catch area, date of harvest, date of sale, and complete fish ticket serial number, including the first alphanumeric letter. If the fish receiving ticket is faxed as the daily harvest report, the date of harvest must be recorded on the bottom half of the ticket.
Reviser's note: The unnecessary underscoring 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. NEW SECTION
WAC 220-69-24000F Duties of commercial purchasers and receivers.
Notwithstanding the provisions of WAC 220-69-240, effective immediately until further notice, it is unlawful for the original receiver of shrimp other than ghost shrimp taken from Puget Sound to fail to report in the following manner: (1) For Puget Sound shrimp - Pot gear: All buyers of shrimp taken by pot gear (including fishers who buy their own catch) are no longer required to report the previous week's purchases by phone or FAX. (2) Puget Sound shrimp - Trawl gear: All buyers of shrimp taken by trawl gear (including fishers who buy their own catch) must report the previous day's purchases by 10:00 a.m. the following morning. Reports must be made by text message, e-mail or FAX. Text message and e-mail reports must be submitted to shrimpreport@dfw.wa.gov, and FAX reports must be transmitted to FAX number 360-302-3031. Reports must include dealer name, fisher name, pounds sold per shrimp species, catch area, date sold, and the complete fish ticket serial number, including the first alphanumeric letter. Violation of this subsection is a gross misdemeanor, punishable under RCW 77.15.560.
Reviser's note: The unnecessary underscoring 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. REPEALER
The following sections of the Washington Administrative Code are repealed:
The following section of the Washington Administrative Code is repealed effective 6:00 p.m. October 31, 2013:
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. | ||||||||||||||||