WSR 08-21-101

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 08-271 -- Filed October 16, 2008, 1:06 p.m. , effective October 16, 2008, 1:06 p.m. ]


Effective Date of Rule: Immediately.

Purpose: Amend commercial fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-52-05100I and 220-52-05100J; and amending WAC 220-52-051.

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: The 2008 state/tribal shrimp harvest management plans for the Strait of Juan de Fuca and North Puget Sound require adoption of harvest seasons and the prohibition on night-time fishing contained in this emergency rule. This emergency rule closes the pot fishery season for nonspot shrimp and the beam trawl fishery in the remaining catch areas of Puget Sound that are still open. These closures are necessary to protect egg-bearing females as per the Puget Sound shrimp management plans. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 2.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: October 16, 2008.

J. P. Koenings

Director


NEW SECTION
WAC 220-52-05100J   Puget Sound shrimp pot and beam trawl fishery -- Season.   Notwithstanding the provisions of WAC 220-52-051, effective immediately until further notice, it is unlawful to fish for shrimp for commercial purposes in Puget Sound except as provided for in this section:

(1) Shrimp beam trawl gear:

(a) Shrimp Management Area 3 is open immediately, until 5:00 p.m. October 31, 2008, except as provided for in this section.

(i) Catch Areas 23A-E, 23B, 23D, 25A, Sequim Bay, and the Discovery Bay shrimp district are closed.

(2) It is unlawful to set or pull shrimp beam trawl gear from one hour after official sunset to one hour before official sunrise.

(3) All shrimp taken under this section must be sold to licensed Washington wholesale fish dealers.

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REPEALER

The following section of the Washington Administrative Code is repealed:


WAC 220-52-05100I Puget Sound shrimp pot and beam trawl fishery. (08-238)

The following section of the Washington Administrative Code is repealed, effective 5:00 p.m. October 31, 2008:


WAC 220-52-05100J Puget Sound shrimp pot and beam trawl fishery -- Season.

Washington State Code Reviser's Office