WSR 01-17-107

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 01-179 -- Filed August 21, 2001, 1:46 p.m. , effective August 24, 2001, 5:00 a.m. ]

     Date of Adoption: August 20, 2001.

     Purpose: Personal use fishing rules.

     Citation of Existing Rules Affected by this Order: Repealing WAC 220-56-32500R; 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 orderly fisheries, manage within court-ordered sharing requirements and to ensure conservation. The state has remaining recreational spot shrimp harvest available in Marine Areas 8-1, 8-2 and a portion of 9. Depth restrictions will provide opportunity to harvest available nonspot shrimp while reducing impact to the spot shrimp resource. 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: August 24, 2001, 5:00 a.m.

August 20, 2001

J. P. Koenings

Director


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

     (1) Effective 5:00 a.m. August 24, 2001, until 9:00 p.m. August 25, 2001 it is lawful to harvest or possess shrimp taken for personal use in Marine Areas 8-1, 8-2 and 9, except that:

     (a) In the portion of Marine Area 9 north and west of a line from Foulweather Bluff to Double Bluff spot shrimp must be returned immediately to the water unharmed.

     (b) In the portion of Marine Area 9 north and west of a line from Foulweather Bluff to Double Bluff it is unlawful to set or pull shrimp gear in waters greater than 150 feet, except that it is unlawful to set or pull shrimp gear in waters greater than 90 feet in Port Townsend Bay, south and west of a line from Marrowstone Point to Point Wilson.

     (2) Effective 9:01 p.m. August 25, 2001, until further notice, it is lawful to harvest or possess shrimp taken for personal use in Marine Areas 8-1, 8-2 and 9, except that:

     (a) Spot shrimp must be returned immediately to the water unharmed.

     (b) It is unlawful to set or pull shrimp gear in waters greater than 150 feet, except that it is unlawful to set or pull shrimp gear in waters greater than 90 feet in Port Townsend Bay, south and west of a line from Marrowstone Point to Point Wilson.

     (c) Shrimp fishing is closed Monday, Tuesday and Wednesday of each week.

     (3) Effective immediately until further notice, it is unlawful in Marine Area 7 north of line from Biz Point to Cape St 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, to fail to comply as follows:

     (a) Spot shrimp must be returned immediately to the water unharmed.

     (b) Shrimp gear may not be set or pulled in waters deeper than 200 feet.

     (4) Effective immediately, until further notice, it is unlawful to harvest or possess shrimp taken for personal use in Marine Area 10, or Marine Area 7 south of line from Biz Point 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.

     (5) Effective immediately, until further notice, it is unlawful to retain spot shrimp taken for personal use in the Discovery Bay Shrimp District. Spot shrimp must be returned immediately to the water unharmed.

[]


REPEALER


     The following section of the Washington Administrative code is repealed effective 5:00 a.m. August 24, 2001:


WAC 220-56-32500R Shrimp--Areas and seasons. (01-161)

© Washington State Code Reviser's Office