EMERGENCY RULES
FISH AND WILDLIFE
Date of Adoption: October 9, 2001.
Purpose: Amend commercial fishing rules.
Citation of Existing Rules Affected by this Order: Repealing WAC 220-52-05100W; 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: The 2001 state/tribal Puget Sound shrimp harvest management plan requires adoption of harvest seasons, including a general closure on October 15, and the prohibition on night time fishing contained in this rule. However, it was agreed with the tribes that the trawl season in Crustacean Region 3 could be extended until November 30th, or until the quotas are reached given that sampling occurs concurrently. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.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Repealed 0;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Repealed 0;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Repealed 0.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:
October 15, 2001, 7:00 p.m.
October 9, 2001
Evan Jacoby
for Jeff Koenings
Director
(1) Shrimp beam trawl gear:
(a) Crustacean management area 3 - Open until further notice.
(2) For purpose of shrimp trawl catch reporting, 23A East is that portion of Marine Fish-Shellfish Management and Catch Reporting Area 23A, east of a line projected true north from the Dungeness lighthouse. 23A West is that portion of Marine Fish-Shellfish Management and Catch Reporting Area 23A, west of the line described herein.
(3) It is unlawful to fish for shrimp in Puget Sound with shrimp beam trawl gear in Port Angeles Shrimp District, the Sequim Bay Shrimp District and the Discovery Bay Shrimp District.
(4) All shrimp taken under this section must be sold to licensed Washington wholesale fish dealers. No fisher may land shrimp without immediate delivery to a licensed wholesale dealer or, if transferred at sea, without transfer to a licensed wholesale dealer.
(5) It is unlawful to harvest shrimp using shrimp beam trawl gear from one hour after official sunset to one hour before official sunrise.
(6) It is unlawful to fish for shrimp in Puget Sound with beam trawl gear in waters shallower than 100 feet.
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The following section of the Washington Administrative Code is repealed:
| WAC 220-52-05100W | Puget Sound shrimp pot and beam trawl fishery-seasons and weekly trip limits. (01-189) |