WSR 11-21-036

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 11-272 -- Filed October 11, 2011, 3:37 p.m. , effective October 15, 2011, 6:00 p.m. ]


Effective Date of Rule: October 15, 2011, 6:00 p.m.

Purpose: Amend commercial fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-52-05100D and 220-52-05100E; and amending WAC 220-52-051.

Statutory Authority for Adoption: RCW 77.12.047 and 77.04.020.

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 2011 state/tribal shrimp harvest management plans for the Strait of Juan de Fuca and Puget Sound require adoption of harvest seasons contained in this emergency rule. This emergency rule closes the nonspot shrimp pot fishery season in the remaining open areas of Puget Sound, the beam trawl fishery in Catch Area 20A, and the beam trawl fishery in Shrimp Management Area 3, to protect egg-bearing females as per the shrimp harvest management plans. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 2.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 11, 2011.

Philip Anderson

Director


NEW SECTION
WAC 220-52-05100E   Puget Sound shrimp pot and beam trawl fishery -- Season.   Notwithstanding the provisions of WAC 220-52-051, effective immediately until further notice, it is unlawful to fish for shrimp for commercial purposes in Puget Sound, except as provided for in this section:

(1) Shrimp beam trawl gear:

(a) Shrimp Management Area (SMA) 3 (outside of the Discovery Bay Shrimp District, Sequim Bay, and Catch Area 23D) is open, effective immediately until further notice. Sequim Bay includes those waters of Catch Area 25A south of a line projected west from Travis Spit on the Miller Peninsula.

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

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REPEALER


The following section of the Washington Administrative Code is repealed effective 6:00 p.m. October 15, 2011:


WAC 220-52-05100D Puget Sound shrimp beam trawl fishery -- Season. (11-240)

The following section of the Washington Administrative Code is repealed effective 6:00 p.m. October 31, 2011:


WAC 220-52-05100E Puget Sound shrimp beam trawl fishery -- Season.

Washington State Code Reviser's Office