WSR 98-15-030

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[Order 98-124--Filed July 7, 1998, 3:20 p.m., effective July 7, 1998, 5:00 p.m.]



Date of Adoption: July 7, 1998.

Purpose: Commercial fishing rules.

Citation of Existing Rules Affected by this Order: Amending WAC 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 all allocation requirements under Subproceeding 89-3 in United States v. Washington. These rules will allow for 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, amended 0, repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.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: July 7, 1998, 5:00 p.m.

July 7, 1998

Larry W. Peck

for Bern Shanks

Director



NEW SECTION



WAC 220-88A-08000T  Emerging commercial fishery--Puget Sound shrimp trawl experimental fishery--Seasons and gear Notwithstanding the provisions of WAC 220-88A-080, effective 5:00 p.m. July 7, 1998, 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 - in Marine Fish Shellfish Management and Catch Reporting Areas 20A, 20B, 22A, 23A, 23C, 25B 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 in waters less than 20 fathoms deep.

(b) Marine Fish Shellfish Management and Catch Reporting Area 23A east of a line projected true north from the lighthouse on Dungeness Spit.

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



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