WSR 99-18-005

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 99-132-- Filed August 18, 1999, 4:54 p.m. ]

Date of Adoption: August 18, 1999.

Purpose: Commercial fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-88A-08000Y; and 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: The state's share of shrimp in Shrimp Management Harvest Areas 23A, 23B and 25A has been taken. These rules are necessary to implement the 1999 state/tribal Puget Sound shrimp harvest management plan and meet all allocation requirements under Subproceeding 89-3 in United States v. Washington. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: Immediately.

August 18, 1999

Evan Jacoby

for Jeff P. Koenings

Director


NEW SECTION
WAC 220-88A-08000Z
Emerging commercial fishery - Puget Sound shrimp beam trawl fishery--Seasons and gear--Closes 23B, 25A and the east portion of 23A.

Notwithstanding the provisions of WAC 220-88A-080, effective immediately until further notice:

(1) It is unlawful to fish for shrimp in Puget Sound with beam trawl gear except:

(a) Crustacean management areas 1A, 1B and 1C - Open immediately until further notice.

(b) Crustacean management area 3 - Open immediately until further notice, except those waters of Marine Fish Shellfish Management and Catch Reporting Areas 23A, 23B and 25A are closed until further notice.

(2) The following restrictions apply to shrimp trawl harvest in Marine Fish-Shellfish Management and Catch Reporting Area 20A:

(a) Closed in waters east of a line from the southwest corner of Point Roberts to Sandy Point.

(b) Closed in waters shallower than 20 fathoms.

(3) It is unlawful to trawl for shrimp from one hour after official sunset to one hour before official sunrise.

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REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 220-88A-08000Y Emerging commercial fishery--Puget Sound shrimp beam trawl fishery--Seasons and gear. (99-106)

Washington State Code Reviser's Office