Purpose: Commercial rules.

Citation of Existing Rules Affected by this Order: Amending WAC 220-88A-070 and 220-88A-080.

Statutory Authority for Adoption: RCW 75.08.080.

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: These rules are necessary to implement the 1998 State/Tribal Puget Sound shrimp harvest management plan and meet allocation requirements under Subproceeding 89-3 in United States v. Washington. These rules will allow for a sharing of catch between treaty and nontreaty shrimp fishers. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 2, amended 0, repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.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: Immediately.

April 15, 1998

Bern Shanks

Director

WAC 220-88A-07000R  Emerging commercial fishery--Puget Sound shrimp pot. Notwithstanding the provisions of WAC 220-88A-070:

(1) Effective immediately it is unlawful to fish for or possess shrimp taken for commercial purposes with shrimp pot gear through April 19, 1998, and it is unlawful to retain shrimp other than spot shrimp through April 30, 1998.

(2) Effective May 1, 1998, until further notice it is unlawful to retain shrimp other than spot shrimp taken for commercial purposes with shrimp pot gear from Marine Fish-Shellfish Management and Catch Reporting Areas 20B, 22A, 23A and 23B.

(2) Effective immediately until further notice it is unlawful to fish for or possess shrimp taken for commercial purposes with shrimp pot gear from the following areas:

(a) Those waters of Marine Fish-Shellfish Management and Catch Reporting Area 20B west of a line from Point Doughty on Orcas Island to the bell buoy at the international boundary due north of Waldron Island.

(b) Those waters of Marine Fish-Shellfish Management and Catch Reporting Area 22A west of the following line: beginning at Steep Point On Orcas Island to Neck Point on Shaw Island, then southerly following the west coast of Shaw Island to the southernmost point of Shaw Island, then to the western entrance to Fisherman's Bay on Lopez Island, then southerly and easterly following the west coast of Lopez Island to Point Colville.

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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.

NEW SECTION

WAC 220-88A-08000S  Emerging commercial fishery - Puget Sound shrimp trawl. Notwithstanding the provisions of WAC 220-88A-080, effective immediately:

(1) It is unlawful to fish for or possess shrimp taken for commercial purposes with shrimp trawl gear taken from Marine Fish-Shellfish Management and Catch Reporting Area 25B.

(2) It is unlawful to fish for or possess shrimp taken for commercial purposes with shrimp trawl gear taken from Marine Fish-Shellfish Management and Catch Reporting Areas 21A, 20B and 22A through April 30, 1998.

(3) The maximum beam width in Marine Fish Shellfish Management and Catch Reporting Area 20A is 60 feet.

(4) The line defining the open area in Marine Fish-Shellfish Management and Catch Reporting Area 22A after July 10, 1998, is a line projected true east-west through the northern end of Trump Island.

(5) All shrimp harvested must be retained and sold to a licensed Washington wholesale dealer, except that spot shrimp may not be retained and pink shrimp with a count per pound of 160 or greater may not be retained.

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