WSR 09-09-075

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 09-59 -- Filed April 14, 2009, 4:18 p.m. , effective April 14, 2009, 4:18 p.m. ]


     Effective Date of Rule: Immediately.

     Purpose: Amend personal use rules.

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

     Statutory Authority for Adoption: RCW 77.12.047.

     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 Discovery Bay shrimp district closure is necessary, as insufficient shrimp are available to conduct a fishery. The closure of Marine Area 11 at the end of the day on May 2, 2009, is necessary because the recreational harvest share of spot shrimp will have been harvested by that time. There is insufficient time to adopt 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 14, 2009.

Philip Anderson

Director


NEW SECTION
WAC 220-56-32500K   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 Shrimp District.

     2) Effective 3:00 p.m., May 2, 2009 until further notice, it is unlawful to fish for or possess shrimp taken for personal use in all waters of Marine Area 11.

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