WSR 16-15-001 EMERGENCY RULES DEPARTMENT OF FISH AND WILDLIFE [Order 16-169—Filed July 6, 2016, 1:40 p.m., effective July 9, 2016, 4:00 a.m.] Effective Date of Rule: July 9, 2016, 4:00 a.m.
Purpose: Amend rules in the recreational spot shrimp fishery.
Citation of Existing Rules Affected by this Order: Repealing WAC 220-56-32500Y and 220-56-31000A; and amending WAC 220-56-325 and 220-56-310.
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 emergency rule is needed to ensure an orderly fishery, manage within court-ordered sharing requirements, and to ensure conservation. Harvestable amounts of spot shrimp are available for eight additional days of fishing in Marine Area 7 South. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 0, Repealed 2.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: July 6, 2016.
Ron Warren
for J. W. Unsworth
Director
NEW SECTION
WAC 220-56-32500Z Shrimp—Areas and seasons.
Notwithstanding the provisions of WAC 220-56-325, effective immediately until further notice:
(1) Marine Areas 4 (east of the Bonilla-Tatoosh line), 5 and 6 (excluding the Discovery Bay Shrimp District) are open to the harvest of all shrimp species.
(2) It is unlawful to fish for or possess shrimp taken for personal use in all waters of Marine Area 7, except as follows:
(a) Effective immediately through 10:00 p.m. July 16, 2016, the portion of Marine Area 7 west of a line projected due south from 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 projected due west from Lime Kiln Point light to the international boundary (defined as Marine Area 7 South): Open to the harvest of all shrimp species.
(b) The portion of Marine Area 7 north of a line from Davis Point on Lopez Island to Cattle Point on San Juan Island, then north of a line due west from Lime Kiln Point light to the international boundary, then west of a line from the bell buoy at the international boundary to Point Doughty on Orcas Island, then west of a line projected true north and south from the western tip of Crane Island, then west of a line projected from the southern tip of Shaw Island to the number 2 buoy at the entrance to Fisherman Bay (defined as Marine Area 7 West): Open to the harvest of all shrimp species.
(c) 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 (defined as Marine Area 7 East):
(i) Open to the harvest of all shrimp species except spot shrimp. It is unlawful to possess spot shrimp, and all spot shrimp must immediately be returned to the water unharmed.
(ii) It is unlawful to set or pull shrimp gear in waters greater than 200 feet deep.
(3) All waters equal to or less than 150 feet in depth in Marine Areas 8-1, 8-2, 9 and 11 are open to the harvest of all shrimp species except spot shrimp. All spot shrimp caught must be immediately returned to the water unharmed. It is unlawful to set or pull shrimp gear in waters greater than 150 feet deep.
(4) All waters equal to or less than 250 feet in depth in Marine Area 13 are open to the harvest of all shrimp species except spot shrimp. All spot shrimp caught must be immediately returned to the water unharmed. It is unlawful to set or pull shrimp gear in waters greater than 250 feet deep.
NEW SECTION
WAC 220-56-31000B Shellfish—Daily limits.
(1) Notwithstanding the provisions of WAC 220-56-310, effective immediately, until further notice, in Marine Areas 6 and 7 West it is permissible for any one person to take up to 160 shrimp for personal use in any one day.
(2) Notwithstanding the provisions of WAC 220-56-310, effective immediately until 10:00 p.m. July 16, 2016, in Marine Area 7 South it is permissible for any one person to take up to 160 shrimp for personal use in any one day.
REPEALER
The following sections of the Washington Administrative Code are repealed effective 4:00 a.m. July 9, 2016:
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