WSR 98-15-046

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[Order 98-128--Filed July 8, 1998, 3:52 p.m., effective July 8, 1998, 8:00 p.m.]



Date of Adoption: July 8, 1998.

Purpose: Commercial fishing regulations.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-88A-07000X and 220-88A-08000T; and 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 plans are necessary to implement the 1998 State/Tribal Puget Sound shrimp harvest management plan and meet all allocation requirements under Subproceeding 89-3 on 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 2, amended 0, repealed 2.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.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 8, 1998, 8:00 p.m.

July 8, 1998

Larry Peck

for Bern Shanks

Director



NEW SECTION



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

(1) Effective 8:00 p.m. July 8, 1998, further notice, it is unlawful to fish for or possess spot shrimp taken for commercial purposes with shrimp pot gear from Marine Fish-Shellfish Management and Catch Reporting Areas 20A, 20B, 21A, 21B, 22B, 22A, 23A, 23B, 24A, 24B, 24C, 24D, 25A, 26A, 26B, and 26C.



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NEW SECTION



WAC 220-88A-08000U  Emerging commercial--Fishery--Puget Sound shrimp trawl experimental fishery--Seasons and gear. Notwithstanding the provisions of WAC 220-88A-080:

(1) Effective 8:00 p.m. July 8, 1998, until further notice, it is unlawful to fish for or possess shrimp taken for commercial purposes with shellfish beam trawl gear from Marine Fish-Shellfish Management and Catch Reporting Areas 23B, 25A, 25B and all waters of Marine Fish-Shellfish Management and Catch Reporting Area 23A east of a line projected true north from the lighthouse on Dungeness spit.



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REPEALER



The following sections of the Washington Administrative Code are repealed effective 8:00 p.m. July 8, 1998:



WAC 220-88A-07000X Emerging commercial fishery-Puget Sound shrimp pot (98-99)

WAC 220-88A-08000T Emerging commercial fishery--Puget Sound shrimp trawl experimental fishery--Seasons and gear. (98-124)

Legislature Code Reviser

Register

Washington State Code Reviser's Office