WSR 97-09-044

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

(Fisheries)

[Order 97-65--Filed April 15, 1997, 1:40 p.m., effective April 16, 1997, 12:01 a.m.]

Date of Adoption: April 11, 1997.

Purpose: Commercial fishing regulations.

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 regulations are necessary to meet harvest allocation and conservation needs for harvestable shrimp populations as identified in state/tribal management agreements. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 2, amended 0, repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.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: April 16, 1997, 12:01 a.m.

April 11, 1997

L. W. Peck

for Bern Shanks

Director

NEW SECTION

WAC 220-88A-07000J Emerging commercial fishery--Puget Sound shrimp pot experimental fishery--Seasons and gear--Spot prawn restrictions. Notwithstanding the provisions of WAC 220-88A-070, effective 12:01 a.m. April 16, 1997 until further notice:

(1) Shrimp District 2 (Griffin Bay) is open for the commercial harvest of shrimp.

(2) It is unlawful to possess spot shrimp taken by shellfish pot gear with a carapace length of less than 30 millimeters. Carapace length is measured from the posterior middorsal margin to the posterior most part of the eye-stalk orbit.

(3) There is no minimum mesh size for shellfish pot gear in Shrimp District 2 (Griffin Bay).

(4) Closed in Marine Fish Shellfish Management and Catch Reporting Areas 20A, 21A, 21B, 22A (outside San Juan Channel) and 22B. San Juan Channel is that portion of 22A north of a line projected true east from Cattle Point on San Juan Island to Lopez Island, west of a line projected from the number 2 buoy at the entrance to Fisherman Bay on Lopez Island to the southern tip of Shaw Island, west of a line projected true north and south from the western tip of Crane Island, and south of the southern boundary of Marine Fish Shellfish Catch Reporting Area 20B.

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NEW SECTION

WAC 220-88A-08000J Emerging commercial fishery--Puget Sound shrimp trawl experimental fishery--Seasons and gear. Notwithstanding the provisions of WAC 220-88A-080, effective 12:01 a.m. April 16, 1997, until further notice, it is unlawful to fish for or possess shrimp taken for commercial purposes in Puget Sound using shellfish beam trawl gear except as provided for in this section:

(1) Open - Marine Fish Shellfish Management and Catch Reporting Areas 20A, 21A, 22A, 23A, 23B, 23C, 25A, and 29, except as provided for in this section.

(2) The following areas are closed to beam trawl gear:

(a) Marine Fish Shellfish Management and Catch Reporting Area 20A is closed through July 15, 1997. Beginning July 16, 1997 open in waters greater than 20 fathoms depth only.

(b) Those waters of Marine Fish Shellfish Management and Catch Reporting Area 21A, south and east of a line from the southern tip of Sinclair Island to Carter Point on Lummi Island.

(c) Those waters of Marine Fish Shellfish Management and Catch Reporting Area 22A east of a line projected true south from Deer Point on Orcas Island to Blakely Island and east of a line projected true south from the southernmost point of Blakely Island to Decatur Island, and east of a line projected true sough from the southermost point of Decatur Island to Lopez Island.

(3) It is unlawful to harvest and retain spot shrimp, or any other species other than Pandalid shrimp.

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Reviser's note: The spelling 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.

Legislature Code Reviser

Register

Washington State Code Reviser's Office