WSR 16-17-038 EMERGENCY RULES DEPARTMENT OF
FISH AND WILDLIFE
[Order 16-204—Filed August 9, 2016, 1:27 p.m., effective August 14, 2016, 9:00 p.m.] Effective Date of Rule: August 14, 2016, 9:00 p.m.
Purpose: Amend rules in the Puget Sound recreational shrimp fishery.
Citation of Existing Rules Affected by this Order: Repealing WAC 220-56-32500A, 220-56-32500B and 220-56-31000C; 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. The state recreational share of spot shrimp has been taken in Marine Area 6. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 2.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: August 9, 2016.
Joe Stohr
for J. W. Unsworth
Director
NEW SECTION
WAC 220-56-32500B 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) and 5 are open to the harvest of all shrimp species, except as follows:
(a) Effective 11:59 p.m. September 15, 2016, until further notice, all waters of Marine Areas 4 (east of the Bonilla-Tatoosh line) and 5 are 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.
(2) It is unlawful to fish for or possess shrimp taken for personal use in all waters of Marine Areas 6 and 7, except as follows:
(a) Marine Area 6, and 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.
REPEALER
The following sections of the Washington Administrative Code are repealed effective 9:00 p.m. August 14, 2016:
The following section of the Washington Administrative Code is repealed effective October 16, 2016:
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