WSR 05-14-036

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 05-132 -- Filed June 24, 2005, 4:13 p.m. , effective June 24, 2005 ]


Purpose: Amend personal use fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-56-32500E; 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 the northern portion of Marine Area 7. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: June 24, 2005.

J. P. Koenings

Director


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

1) Effective immediately, until further notice, it is unlawful to fish for or possess shrimp taken for personal use in all waters of the Discovery Bay and Port Townsend Shrimp Districts and Marine Areas 7, 8, 9, 10 and 11, except as provided for in this section.

a) Effective 9:00 p.m. June 28, 2005, until further notice, it is unlawful to fish for or possess shrimp taken for personal use in all waters of Marine Area 7, except as provided for in this section.

1) Marine Area 7 north of a line from the Initiative 77 marker on Fidalgo Island to Point Colville on Lopez Island, then north of a line from Davis Point to Cattle Point on San Juan Island, then north of a line due west from Lime Kiln Point light to the international boundary:

a. Open to the harvest of all shrimp species except Spot shrimp. It is unlawful to possess Spot shrimp, and all Spot shrimp must immediately be returned to the water unharmed.

b. It is unlawful to set or pull shrimp gear in waters greater than 200 feet deep.

2) Marine Area 7 south of a line from the Initiative 77 marker on Fidalgo Island to Point Colville on Lopez Island, then south of a line from Davis Point to Cattle Point on San Juan Island, then south of a line due west from Lime Kiln Point light to the international boundary are open daily to the harvest of all shrimp species.

b) Effective immediately, until further notice, all waters south of a line from Tukey Point to Contractors Point in the Discovery Bay Shrimp District are open, on a daily basis, to the harvest of all shrimp species except Spot shrimp. All Spot shrimp caught must be returned to the water immediately.

c) Effective immediately, until further notice, all waters south of a line from Walan Point to Kala Point in the Port Townsend Bay Shrimp District are open, on a daily basis, to the harvest of all shrimp species except Spot shrimp. All Spot shrimp caught must be returned to the water immediately.

d) Effective immediately, until further notice, all waters equal to or less than 150 feet in depth in Marine Areas 8, 9 (excluding the Port Townsend Shrimp District), and Marine Area 11 will open daily to the harvest of all shrimp species except Spot shrimp. All Spot shrimp caught must be returned to the water unharmed. It is unlawful to set or pull shrimp gear in waters greater than 150 feet deep.

2) Effective immediately, until further notice, all waters of Marine Areas 4 east of the Bonilla-Tatoosh line, and Marine Areas 5, 6 and 13 (excluding the Shrimp Districts), are open daily to the harvest of all shrimp species.

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REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 220-56-32500E Shrimp -- Areas and season (05-113)

Washington State Code Reviser's Office