WSR 03-11-003

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 03-93 -- Filed May 8, 2003, 10:19 a.m. , effective May 10, 2003, 5:00 a.m. ]

Date of Adoption: May 6, 2003.

Purpose: Amend personal use fishing regulations.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-56-32500D; and 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: This regulation is needed to ensure an orderly fishery, manage within court-ordered sharing requirements, and to ensure conservation. The state recreational share of nonspot shrimp is available in the areas opened under this rule. Depth restrictions are needed to protect spot shrimp. Designation of the Port Townsend Bay Shrimp District is necessary to simplify WAC and fishing in Washington pamphlet language. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 10, 2003, 5:00 a.m.

May 6, 2003

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 220-56-32500E   Shrimp -- Areas and seasons.   Notwithstanding the provisions of WAC 220-56-325 and WAC 220-56-310:

1) Effective immediately, the following area shall be defined as a shrimp fishing district: Port Townsend Shrimp District All waters of Port Townsend bay south and west of a line from Marrowstone Point to Point Hudson (including Kilisut Harbor).

2) Effective immediately, until further notice, it is unlawful to fish for or possess shrimp taken for personal use in all waters of Marine Area 10.

3) Effective 5:00 a.m., May 10, 2003, until further notice, it is lawful to fish for or possess shrimp taken for personal use in all waters of Marine Areas 8-1, 8-2 and 9 except:

(a) It is unlawful to possess spot shrimp and all spot shrimp must immediately be returned to the water unharmed.

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

(c) In all waters of the Port Townsend Shrimp District it is unlawful to:

(i) Set or pull shrimp gear north of a line from Kala Point to Walan Point.

(ii) Set or pull shrimp gear from Monday through Wednesday of each week.

4) It is unlawful to fish for or possess shrimp from those waters of Hood Canal south of the Hood Canal floating bridge except as provided for in this section:

(a) Fishing for shrimp is allowed between 9:00 a.m. and 1:00 p.m. on the following dates: May 17, 21, 24, and 28, 2003.

(b) No shrimp fishers may set gear before 9:00 a.m. or leave shrimp fishing gear in the water after 1:00 p.m. each day of the fishery.

(c) Fishers are not required to retain the heads of shrimp taken while in the field.

[]


REPEALER


The following section of the Washington Administrative Code is repealed effective 5:00 a.m. May 10, 2003:


WAC 220-56-32500D Shrimp -- Areas and seasons (03-88)

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Washington State Code Reviser's Office