WSR 11-12-010

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 11-104 -- Filed May 20, 2011, 10:00 a.m. , effective May 25, 2011, 12:01 a.m. ]


Effective Date of Rule: May 25, 2011, 12:01 a.m.

Purpose: Amend personal use fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-56-32500W; and amending WAC 220-56-325.

Statutory Authority for Adoption: RCW 77.12.047 and 77.04.020.

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. Harvestable amounts of spot shrimp are available for one additional day of fishing in several marine areas. In addition, harvestable amounts of nonspot shrimp are available in several marine areas, and the depth restrictions and area closures that are in effect will protect spot shrimp. There is insufficient time to adopt 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: May 20, 2011.

Philip Anderson

Director


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

1) Effective immediately until further notice, it is unlawful to fish for or possess shrimp taken for personal use in all waters of Marine Area 7, except as provided for in this section:

a. Open May 25 and May 28, 2011.

b. Effective 12:01 a.m. June 1, 2011, until further notice, Marine Area 7 is open as follows:

i. Open north of a line from Biz Point on Fidalgo Island to Cape Saint Mary on Lopez Island, then north of a line from Davis Point on Lopez Island to Cattle Point on San Juan Island, then north of a line due west from Lime Kiln Point light to the international boundary.

ii. Open to the harvest of all shrimp species except spot shrimp. It is unlawful to possess spot shrimp, and all spot shrimp must immediately be returned to the water unharmed.

iii. It is unlawful to set or pull shrimp gear in waters greater than 200 feet deep.

2) Marine Areas 8-1, 8-2 and 11:

a. Open May 25, 2011 from 7:00 a.m. through 3:00 p.m.

b. Effective 12:01 a.m. June 1, 2011, until further notice, all waters equal to or less than 150 feet in depth in Marine Areas 8-1, 8-2 and 11 are open to the harvest of all shrimp species except spot shrimp. All spot shrimp caught must be immediately returned to the water unharmed. It is unlawful to set or pull shrimp gear in waters greater than 150 feet deep.

3) Effective 12:01 a.m. June 1, 2011, until further notice, all waters equal to or less than 150 feet in depth in Marine Area 9 are open to the harvest of all shrimp species except spot shrimp. All spot shrimp caught must be immediately returned to the water unharmed. It is unlawful to set or pull shrimp gear in waters greater than 150 feet deep.

4) Marine Area 10 - Open May 25, 2011, west of a line from West Point to Alki Point from 7:00 a.m. through 3:00 p.m.

5) Marine Area 12 - Open May 25 and June 8, 2011, from 9:00 a.m. through 1:00 p.m.

6) Discovery Bay Shrimp District - Open May 25, 2011, from 7:00 a.m. through 3:00 p.m.

7) Effective 12:01 a.m. June 1, 2011, until further notice, all waters of Marine Area 4 east of the Bonilla-Tatoosh line, and Marine Areas 5 and 6, are open to the harvest of all shrimp species,

[]

Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
REPEALER


The following section of the Washington Administrative Code is repealed effective 12:01 a.m. May 25, 2011:


WAC 220-56-32500W Shrimp -- Areas and seasons. (11-50)

Washington State Code Reviser's Office