WSR 06-21-053

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 06-270 -- Filed October 13, 2006, 2:42 p.m. , effective October 15, 2006, 5:00 p.m. ]


     Effective Date of Rule: October 15, 2006, 5:00 p.m.

     Purpose: Amend commercial fishing rules.

     Citation of Existing Rules Affected by this Order: Repealing WAC 220-52-05100A; 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 2006 state/tribal Puget Sound shrimp harvest management plans require adoption of harvest seasons contained in this emergency rule. The extension of the trawl fishery in a portion of Region 3 is pursuant to waivers by the tribes of the closure date in the Region 3 Shrimp Management Plan. This extension has been allowed in consideration of the state's allocation remaining and is contingent on sampling of the shrimp catch to monitor presence of egg-bearing female shrimp and a maximum count of shrimp per pound. 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: October 13, 2006.

J. P. Koenings

Director


NEW SECTION
WAC 220-52-05100B   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 beam trawl gear:

     (a) Marine Fish-Shellfish Management and Catch Reporting Areas 23A (east), 23B and 25A, within Shrimp Management Area 3 outside of the shrimp districts, are open immediately for non-spot shrimp until 4:00 p.m., November 15, 2006.

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

     (c) 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 5:00 p.m October 15, 2006:


WAC 220-52-05100A Puget Sound shrimp beam trawl fishery -- Season (06-241)

     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.

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