WSR 01-12-043

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 01-97 -- Filed May 31, 2001, 8:28 a.m. , effective June 3, 2001, 6:00 p.m. ]

     Date of Adoption: May 30, 2001.

     Purpose: Amend personal use fishing rules.

     Citation of Existing Rules Affected by this Order: Repealing WAC 220-56-32500L; and amending WAC 220-56-325.

     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: This regulation is needed to ensure orderly fisheries, manage within court-ordered sharing requirements and to ensure conservation. The state recreational share of spot shrimp has been exceeded in the areas closed under this rule. Depth restrictions will provide opportunity to harvest available nonspot shrimp while reducing impact to the spot shrimp resource. 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: June 3, 2001, 6:00 p.m.

May 30, 2001

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 220-56-32500M   Shrimp -- Areas and seasons.   Notwithstanding the provisions of WAC 220-56-325 and WAC 220-56-310:

     (1) Effective 6:00 p.m. June 3, 2001 it is unlawful to harvest or possess shrimp taken for personal use in waters of Marine Area 7 south of a line from Biz Point to Cape St Mary on Lopez Island, south of Lopez Island, south of a line from Davis Point to Cattle Point on San Juan Island, south of the shores of San Juan Island to Lime Kiln Point light, and south of a line due west from Lime Kiln Point light to the international boundary.

     (2) Effective immediately, until further notice, it is lawful to harvest or possess shrimp taken for personal use in Marine Areas 8-1, 8-2 or 9, except that:

     (a) Spot shrimp must be returned immediately to the water unharmed.

     (b) It is unlawful to set or pull shrimp gear in waters greater than 150 feet, except that it is unlawful to set or pull shrimp gear in waters greater than 90 feet in Port Townsend Bay, south and west of a line from Marrowstone Point to Point Wilson.

     (c) It is unlawful to set or pull shrimp gear on Monday, Tuesday or Wednesday of each week.

     (3) Effective immediately, until further notice, it is unlawful to harvest or possess shrimp taken for personal use in Marine Area 10.

[]


REPEALER

     The following section of the Washington Administrative is repealed effective 6:00 p.m. June 3, 2001:


WAC 220-56-32500L Shrimp -- Areas and seasons. (01-78)

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