WSR 16-08-114 EMERGENCY RULES DEPARTMENT OF FISH AND WILDLIFE [Order 16-66—Filed April 5, 2016, 3:12 p.m., effective May 1, 2016] Effective Date of Rule: May 1, 2016.
Purpose: Amend rules in the recreational spot shrimp fishery.
Citation of Existing Rules Affected by this Order: Repealing WAC 220-56-32500X; and amending WAC 220-56-325.
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 the fishery within court-ordered sharing requirements, and ensure conservation. Harvestable amounts of spot shrimp are available, but only enough recreational shares exist for a limited number of open days in the marine areas listed in this section. In addition, this emergency regulation opens the Marine Area 4, 5, 6 and 7 seasons one hour before sunrise (at 4:45 a.m.), which is the default daily start time for those areas the remainder of the season. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: April 5, 2016.
J. W. Unsworth
Director
NEW SECTION
WAC 220-56-32500X Shrimp—Areas and seasons.
Notwithstanding the provisions of WAC 220-56-325, effective 12:01 a.m. May 1 through May 31, 2016, it is unlawful to fish for or possess shrimp taken for personal use in all waters of Marine Areas 4 (east of the east of the Bonilla-Tatoosh line), 5, 6, 7, 8-1, 8-2, 9, 10, 11, 12 and the Discovery Bay Shrimp District, except as provided for in this section:
(1) Marine Areas 4 (east of the Bonilla-Tatoosh line), 5 and 6 (excluding the Discovery Bay Shrimp District): Open 4:45 a.m. May 14 through May 31.
(2) The portion of Marine Area 7 south of a line from the Biz Point on Fidalgo Island to Cape Saint Mary on Lopez Island, then west of a line projected from the number 2 buoy at the entrance to Fisherman Bay to the southern tip of Shaw Island, then west of a line projected true north and south from the western tip of Crane Island, then west of a line from Point Doughty on Orcas Island to the bell buoy at the international boundary: Open 4:45 a.m. May 14 through May 31.
(3) The portion of Marine Area 7 north of a line from the Biz Point on Fidalgo Island to Cape Saint Mary on Lopez Island, then east of a line projected from the number 2 buoy at the entrance to Fisherman Bay to the southern tip of Shaw Island, then east of a line projected true north and south from the western tip of Crane Island, then east of a line from Point Doughty on Orcas Island to the bell buoy at the international boundary:
(a) Open 4:45 a.m. May 14 through May 15; and
(b) Open May 18 through May 21;
(c) Open May 25 through May 28.
(4) Marine Areas 8-1, 8-2 and 9:
(a) Open May 14 and May 18 from 7:00 a.m. through 3:00 p.m.
(b) Divers may take shrimp by hand or hand-held device from 7:00 p.m. until midnight on those open days in Marine Area 8-2.
(5) Marine Area 10 and 11: Open May 14 from 7:00 a.m. through 3:00 p.m.
(6) Marine Area 12: Open May 14, 18, 28 and 30 from 9:00 a.m. through 1:00 p.m.
(7) Marine Area 13: Open May 14, 18, 21 and 31 from 7:00 a.m. through 3:00 p.m.
(8) Discovery Bay Shrimp District: Open May 14, 18, 28 and 30 from 7:00 a.m. through 3:00 p.m.
Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040. REPEALER
The following section of the Washington Administrative Code is repealed effective June 1, 2016:
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