WSR 97-10-044

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

(Fisheries)

[Order 97-72--Filed April 30, 1997, 4:50 p.m., effective May 1, 1997, 12:01 a.m.]

Date of Adoption: April 30, 1997.

Purpose: Commercial fishing regulations.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-88A-07000K; and amending WAC 220-88A-070.

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 comply with a recently negotiated state/tribal Puget Sound shrimp harvest management plan and meet treaty sharing requirements. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 1, amended 0, repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.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: May 1, 1997, 12:01 a.m.

April 30, 1997

Evan Jacoby

for Bern Shanks

Director

NEW SECTION

WAC 220-88A-07000L Emerging commercial fishery--Puget Sound shrimp pot experimental fishery--Seasons and gear--Spot prawn restrictions. Notwithstanding the provisions of WAC 220-88A-070, effective immediately until further notice:

(1) It is unlawful to commercially fish for shrimp with shellfish pot gear in Marine Fish Shellfish Management and Catch Reporting Areas 20B, 24A, 24B, 24C, 24D, 26A and those waters of Area 22A east of San Juan Island, north of a line projected true east from Cattle Point, west of a line from the Number 2 buoy at the entrance to Fisherman Bay to the southern tip of Shaw Island, and west of a line projected true north-south through the western tip of Crane Island.

(2) In all waters open to commercial shrimp fishing, it is unlawful to retain spot shrimp taken with shellfish pot gear that have a carapace length less than 30 millimeters. Carapace length is defined as the length between the posterior middorsal margin to the posterior-most part of the eye stalk orbit.

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REPEALER

The following section of the Washington Administrative Code is repealed:

WAC 220-88A-07000K Emerging commercial fishery--Puget Sound shrimp pot experimental fishery--Seasons and gear--Spot prawn restrictions. (97-69)

Legislature Code Reviser

Register

Washington State Code Reviser's Office