WSR 13-07-038

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 13-43 -- Filed March 14, 2013, 8:53 a.m. , effective May 4, 2013, 7:00 a.m. ]


     Effective Date of Rule: May 4, 2013, 7:00 a.m.

     Purpose: Amend recreational fishing rules.

     Citation of Existing Rules Affected by this Order: Repealing WAC 220-56-32500F; 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, but only enough recreational shares exist for a limited number of open days in these marine areas. 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: March 14, 2013.

Philip Anderson

Director


NEW SECTION
WAC 220-56-32500F   Shrimp -- Areas and seasons.   Notwithstanding the provisions of WAC 220-56-325, effective 7:00 a.m. May 4 through May 31, 2013, it is unlawful to fish for or possess shrimp taken for personal use in all waters of Marine Areas 7, 8-1, 8-2, 9, 10, 11, 12 and the Discovery Bay Shrimp District, except as provided for in this section:

     1) Marine Area 7 north of a line from the 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 - open May 4 at 7:00 a.m., also open May 8-11, 15-18 and 29-31.

     2) Marine Area 7 south of a line from the Biz Point on Fidalgo Island to Cape Saint Mary on Lopez Island, then south of a line from Davis Point on Lopez Island to Cattle Point on San Juan Island, then south of a line due west from Lime Kiln Point light to the international boundary - open May 4 at 7:00 a.m., then open Wednesday through Saturday each week.

     3) Marine Areas 8-1, 8-2, 9, 10 and 11 - Open May 4 and 8 from 7:00 a.m. through 3:00 p.m., and divers may take shrimp by hand or hand-held device from 7:00 p.m. until midnight on those open days in Marine Area 8-2.

     4) Marine Area 12 - Open May 4, 8, 15, 18 and 22 from 9:00 a.m. through 1:00 p.m.

     5) Discovery Bay Shrimp District - Open May 4, 8, 15, 18 and 22 from 7:00 a.m. through 3:00 p.m.

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REPEALER


     The following section of the Washington Administrative Code is repealed effective June 1, 2013:


WAC 220-56-32500F Shrimp -- Areas and seasons.