WSR 04-09-102

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 04-83 -- Filed April 20, 2004, 4:47 p.m. ]

Date of Adoption: April 20, 2004.

Purpose: Amend personal use rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-56-32500L; 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 has been taken in Marine Area 11, and will be taken by this Thursday in the western portion of Marine Area 10, and by Saturday in Marine Areas 8-1, 8-2 and 9. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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

April 20, 2004

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 220-56-32500M   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 immediately, until further notice, it is unlawful to fish for or possess shrimp taken for personal use in all waters of Marine Area 11.

4) Effective 3:00 p.m., April 22, 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) Waters east of a line from West Point to Alki Point open on Saturdays and Thursdays only, from 7:00 a.m. to 3:00 p.m, until further notice. All shrimp species, including spot shrimp, may be retained on these open days.

5) Effective 9:00 p.m., April 24, 2004, until further notice, it is unlawful to fish for or possess shrimp taken for personal use in all waters of Marine Areas 8-1, 8-2 and Marine Area 9 outside of the Port Townsend Shrimp District.

[]


REPEALER


The following section of the Washington Administrative Code is repealed effective immediately:


WAC 220-56-32500L Shrimp--Areas and seasons (04-79)

Legislature Code Reviser 

Register

Washington State Code Reviser's Office