Effective Date of Rule: October 15, 2007, 5:00 p.m.

     Purpose: Amend commercial fishing rules.

     Citation of Existing Rules Affected by this Order: Repealing WAC 220-52-05100S and 220-52-05100T; and 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 regional 2007 state/tribal shrimp harvest management plans for Puget Sound require adoption of harvest seasons and the prohibition on night time fishing contained in this emergency rule. This emergency rule closes the commercial shrimp beam trawl fishery in Shrimp Management Areas 1B and 1C, and the commercial shrimp pot fishery for nonspot shrimp in the remaining catch areas of Puget Sound that are still open. These closures are necessary to protect nonspot shrimp during the onset of their egg-bearing period, as is required by the 2007 Puget Sound shrimp management plans. 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 2.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: October 12, 2007.

J. P. Koenings

Director

     (1) Shrimp beam trawl gear:

     (a) Shrimp Management Area 3 (outside of the Discovery Bay Shrimp District, Sequim Bay, and Catch Area 23D) is open immediately, until 5:00 p.m., October 31, 2007. Sequim Bay includes those waters of Catch Area 25A south of a line projected west from Travis Spit on the Miller Peninsula.

     (b) It is unlawful to set or pull shrimp beam trawl gear from one hour after official sunset to one hour before official sunrise.

     (c) All shrimp taken under this section must be sold to licensed Washington wholesale fish dealers.

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     The following section of the Washington Administrative Code is repealed, effective 5:00 p.m. October 15, 2007:

WAC 220-52-05100S

Puget Sound shrimp pot and beam trawl fishery -- Season. (07-228)

     The following section of the Washington Administrative Code is repealed, effective 11:59 p.m. October 31, 2007:

WAC 220-52-05100T

Puget Sound shrimp pot and beam trawl fishery -- Season.

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