WSR 99-12-005

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 99-66-- Filed May 19, 1999, 3:38 p.m. , effective May 22, 1999, 6:00 p.m. ]

Date of Adoption: May 19, 1999.

Purpose: Personal use rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-56-32500Y; and amending WAC 220-56-325.

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: This regulation is needed to ensure an orderly fishery, manage within court-ordered sharing requirements, and to ensure conservation. The state recreational harvest share of spot shrimp has been reached in the areas closed under this rule. Subsequent opening in this area is provided to take harvestable amounts of shrimp species other than spot shrimp. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 22, 1999, 6:00 p.m.

May 19, 1999

Evan Jacoby

for Jeff P. Koenings

Director


NEW SECTION
WAC 220-56-32500Z
Personal use Puget Sound shrimp fishery--Exceptions to permanent rules for areas outside Hood Canal.

Notwithstanding the provisions of WAC 220-56-325 and WAC 220-56-310, it is unlawful to fish for shrimp taken for personal use from the following waters of Puget Sound except as provided for in this section:

(1) Effective 6:00 p.m. May 22, 1999, until further notice it is unlawful to harvest or possess shrimp in Marine Areas 8-1, 8-2, 10 and the portion of Marine Area 9 south and east of a line from Foulweather Bluff to Double Bluff.

(2) Effective May 28, 1999, until further notice it is lawful to harvest shrimp in Marine Areas 8-1, 8-2, 10, and the portion of Marine Area 9 south and east of a line from Foulweather Bluff to Double Bluff except that:

(a) It is unlawful to set or pull shrimp gear in waters greater than 150 feet.

(b) Spot shrimp must be returned immediately to the water unharmed.

(3) Effective June 5, 1999, until further notice, fishing is allowed for all species of shrimp in Shrimp District 1 except that:

(a) Minimum size for spot shrimp in Shrimp District 1 is 1-3/16 inches carapace length.

(b) Spot shrimp may be retained only on Saturdays through August 21, 1999. Spot shrimp caught on days other than Saturdays and after August 21, 1999 until further notice must be returned immediately to the water unharmed.

(c) The daily bag limit is 10 pounds of which, on Saturdays, no more than 50 shrimp may be spot shrimp.

(4) Effective June 5, 1999, until further notice, fishing is allowed for all species of shrimp in Shrimp District 3 except that:

(a) Spot shrimp may be retained on Saturdays and Sundays only as part of the 10 pound daily bag limit. Spot shrimp caught on all other days must be returned immediately to the water unharmed.

(b) There is no minimum size for spot shrimp in Shrimp District 3.

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REPEALER

The following section of the Washington Administrative Code is repealed effective 5:59 p.m. May 22, 1999:


WAC 220-56-32500YRecreational rules for Shrimp Districts 1 (Discovery Bay Area) and 3 (Port Angeles Harbor) (99-53)

Washington State Code Reviser's Office