WSR 05-09-027

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 05-67 -- Filed April 12, 2005, 2:40 p.m. , effective April 12, 2005 ]


Purpose: Amend personal use rules.

Citation of Existing Rules Affected by this Order: Amending WAC 220-56-325.

Statutory Authority for Adoption: RCW 77.12.240.

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 shrimp fishery in Puget Sound is closed until May 1 when new permanent rules take effect. The fishery will then open by permanent rule on May 7. In addition, 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. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: April 12, 2005.

Evan Jacoby

for Jeff Koenings

Director


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

1) Effective immediately, through 6:59 a.m. May 7, 2005, it is unlawful to fish for or possess shrimp taken for personal use in all waters of Marine Areas 5-13 including the Shrimp Districts, and Marine Area 4 east of the Bonilla-Tatoosh line.

2) Effective 7:00 a.m. May 7, 2005, 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) Open on Saturdays and Wednesdays only, from 7:00 a.m. to 3:00 p.m., south of a line from Kala Point to Walan Point.

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

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Washington State Code Reviser's Office