WSR 98-09-014

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[Order 98-46--Filed April 6, 1998, 4:33 p.m.]



Date of Adoption: April 6, 1998.

Purpose: Personal use rules.

Citation of Existing Rules Affected by this Order: Amending WAC 220-56-310.

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: Use of the overall length of spot prawns was deleted for 1998-1999 in favor of using a standard measure of the eye stalk to the posterior end of the carapace. This allows for fishers to possess shrimp with the head off in the field, so long as the heads are retained. It is also easier to measure the carapace than a live, whole shrimp. This measurement was not fully captured in the permanent rule filing, and needs to be corrected. There is insufficient time to promulgate permanent rules before the opening of sport shrimp season.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, amended 0, repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.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 6, 1998

Larry Peck

for Bern Shanks

Director



NEW SECTION



WAC 220-56-31000Q  Shellfish--Daily limits. Notwithstanding the provisions of WAC 220-56-310, effective immediately until further notice the minimum size for spot prawns taken in all state waters except Shrimp District Five is one and three-sixteenths inch from the eye stalk to the juncture of the carapace and the abdomen.



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