WSR 04-09-007

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 04-73 -- Filed April 7, 2004, 4:42 p.m. , effective April 16, 2004, 6:00 a.m. ]

     Date of Adoption: April 7, 2004.

     Purpose: Amend commercial fishing rules.

     Citation of Existing Rules Affected by this Order: 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 2004 state/tribal Strait of Juan de Fuca shrimp harvest management plan requires adoption of harvest seasons and the prohibition on nighttime fishing contained in this emergency rule. 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: April 16, 2004, 6:00 a.m.

April 7, 2004

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 220-52-05100P   Puget Sound shrimp 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:

     Crustacean Management Region 3 outside of the shrimp districts will open at 6:00 a.m. on April 16, 2004, until further notice.

     (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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