WSR 03-12-079

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 03-113 -- Filed June 3, 2003, 2:13 p.m. , effective June 7, 2003, 7:00 a.m. ]

Date of Adoption: June 3, 2003.

Purpose: Amend personal use rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-56-32500E; 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 spot shrimp has been taken in the southern portion of Marine Area 7 and other shrimp species are available for harvest in Marine Area 11. The state recreational share of spot shrimp is available in the Discovery Bay Shrimp District. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: June 7, 2003, 7:00 a.m.

June 3, 2003

J. P. Koenings

Director


NEW SECTION
WAC 220-56-32500F   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 9:00 p.m. June 8, 2003, until further notice, it is unlawful to fish for or possess shrimp taken for personal use in Marine Area 7 south of a line from Biz Point on Fidalgo Island to Cape St Mary on Lopez Island, then south of the shores of Lopez Island to Davis Point, then south of a line from Davis Point to Cattle Point on San Juan Island, then south of the shores of San Juan Island to Lime Kiln Point light, then south of a line due west from Lime Kiln Point light to the international boundary.

4) Effective 9:00 p.m. June 8, 2003, until further notice, it is lawful to fish for or possess shrimp taken for personal use in all waters of Marine Area 11 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.

5) Effective immediately, 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) Closed Mondays through Wednesdays.

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

(d) All waters of the Port Townsend Shrimp District are closed except those waters south of a line from Kala Point to Walan Point.

6) Effective 7:00 a.m. June 7, 2003, until further notice, it is lawful to fish for or possess shrimp taken for personal use in all waters of the Discovery Bay Shrimp District except:

(a) Spot shrimp may be retained on Saturdays only.

(b) Daily limit of spot shrimp is a maximum of 80 as part of the 10 pound limit.

[]


REPEALER


The following section of the Washington Administrative Code is repealed effective 7:00 a.m. June 7, 2003:


WAC 220-56-32500E Shrimp -- Areas and seasons (03-93)

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