WSR 04-09-052

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 04-79 -- Filed April 15, 2004, 3:51 p.m. , effective April 17, 2004, 7:00 a.m. ]

Date of Adoption: April 15, 2004.

Purpose: Amend personal use rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-56-32500K; 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 an orderly fishery, manage within court-ordered sharing requirements, and to ensure conservation. The state recreational share of spot shrimp is available in the area opened under this rule. The Port Townsend shrimp district closure is necessary as insufficient spot shrimp are available to conduct a fishery. Sufficient numbers of nonspot shrimp are available within the boundaries defined that will provide shrimping opportunity without impacting depressed spot shrimp populations. Limiting the number of open days each week and hours per day in Marine Area 10 is needed to manage catch within allocations. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 17, 2004, 7:00 a.m.

April 15, 2004

Evan Jacoby

for Jeff Koenings

Director


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

1) Effective immediately, the following area shall be defined as a shrimp fishing district: Port Townsend Shrimp District - All waters of Port Townsend Bay south and west of a line from Marrowstone Point to Point Hudson (including Kilisut Harbor).

2) Effective immediately, until further notice, it is unlawful to fish for or possess shrimp taken for personal use in all waters of the Port Townsend Shrimp District, except as provided for in this section:

(a) All waters of the Port Townsend Shrimp District south of a line from Kala Point to Walan Point are open to the harvest of all shrimp, except Spot shrimp.

(b) It is unlawful to possess spot shrimp and all spot shrimp must immediately be returned to the water unharmed.

3) Effective 7:00 a.m., April 17, 2004, until further notice, it is unlawful to fish for or possess shrimp taken for personal use in all waters of Marine Area 10, except as provided for in this section:

(a) Open on Saturdays and Thursdays only, from 7:00 a.m. to 3:00 p.m. All shrimp species, including spot shrimp, may be retained on these open days.

[]


REPEALER

The following section of the Washington Administrative Code is repealed effective 7:00 a.m. April 17, 2004:


WAC 220-56-32500K Shrimp -- Areas and seasons (04-74)

Legislature Code Reviser 

Register

Washington State Code Reviser's Office