WSR 02-08-028

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 02-65 -- Filed March 27, 2002, 10:39 a.m. ]

Date of Adoption: March 26, 2002.

Purpose: Amend personal use rules.

Citation of Existing Rules Affected by this Order: Amending WAC 220-56-325.

Statutory Authority for Adoption: RCW 77.12.047.

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: Daily limit restrictions for spot shrimp are needed to stay within state/tribal allocations and quotas as specified by federal court and Fish and Wildlife Commission policies. Gear restrictions for shrimp are needed to ensure orderly fisheries, manage within court-ordered sharing requirements and to ensure conservation. The state recreational share of spot shrimp is available in the area opened under this rule. An early opening will provide opportunity to harvest available spot shrimp while reducing impacts from commercial fisheries in the area. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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

March 26, 2002

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 220-56-32500T   Shrimp seasons -- Early recreational fishery, shipwreck to Edwards Point in Area 9.   Notwithstanding the provisions of WAC 220-56-325, it is unlawful to fish for shrimp for personal use in Area 9 except as provided for in this section:

(1) Open 5:00 a.m., April 1, 2002, until further notice, only in those waters within the following line: Beginning at the shipwreck on the Area 8/Area 9 boundary, then projected one mile due west, then southerly paralleling the eastern shore line to a line projected due west from Edwards Point, then due east to shore.

(2) During the fishery provided for in this section:

(a) Shrimp fishing is open seven days per week, but no fisher may set or pull gear from one hour after sunset to one hour before sunrise.

(b) It is unlawful to fish more than four shrimp pots from a vessel, and unlawful for any vessel to have more than four shrimp pots on board.

(c) Daily limit 10 pounds of shrimp, which may contain no more than 80 spot shrimp. minimum spot shrimp size one and three-sixteenths inch from base of eyestalk to top rear edge of carapace.

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Washington State Code Reviser's Office