WSR 09-11-045

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 09-81 -- Filed May 12, 2009, 3:32 p.m. , effective May 12, 2009, 3:32 p.m. ]


Effective Date of Rule: Immediately.

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 harvest share of spot shrimp has been taken in Marine Area 8, will be taken by 9:00 p.m. on May 15, 2009, in the northern portion of Marine Area 7, and will be taken by 9:00 p.m. on May 16, 2009, in the remainder of Marine Area 7. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: May 12, 2009.

Philip Anderson

Director


NEW SECTION
WAC 220-56-32500M   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 Marine Areas 8, 9, 10, 11 and the Discovery Bay Shrimp District.

2) Effective 9:00 p.m., May 15, 2009 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:

a. All waters of 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 on Lopez Island 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 to the harvest of all shrimp species until 9:00 p.m. May 16, 2009.

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REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 220-56-32500L Shrimp -- Areas and seasons (09-73)

Washington State Code Reviser's Office