WSR 17-10-051 EMERGENCY RULES DEPARTMENT OF FISH AND WILDLIFE [Order 17-87—Filed May 1, 2017, 2:08 p.m., effective May 1, 2017, 2:08 p.m.] Effective Date of Rule: Immediately upon filing.
Purpose: Amend rules in the Puget Sound recreational shrimp fishery.
Citation of Existing Rules Affected by this Order: Repealing WAC 220-330-07000A; and amending WAC 220-330-070.
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 4:40 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: May 1, 2017.
J. W. Unsworth
Director
NEW SECTION
WAC 220-330-07000A Shrimp—Areas and seasons.
Notwithstanding the provisions of WAC 220-330-070, effective immediately through May 31, 2017, 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, 13 and the Discovery Bay Shrimp District, except as provided for in this section:
(1) Marine Areas 4 (east of the Bonilla-Tatoosh line), 5, 6 (excluding the Discovery Bay Shrimp District) and 7 West: Open 4:40 a.m. May 6 through May 31.
(2) Marine Areas 7 East and 7 South: Open 4:40 a.m. May 6 through May 21.
(3) Marine Areas 8-1, 8-2 and 9:
(a) Open May 6 and May 17 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.
(4) Marine Area 10 and 11: Open May 6 from 9:00 a.m. through 1:00 p.m..
(5) Marine Area 12: Open May 6, 10, 17 and 20 from 9:00 a.m. through 1:00 p.m.
(6) Marine Area 13: Open May 6 and 20 from 9:00 a.m. through 1:00 p.m.
(7) Discovery Bay Shrimp District: Open May 6, 10, 17 and 20 from 7:00 a.m. through 3:00 p.m.
Reviser's note: The typographical errors in the above section occurred in the copy filed by the agency and appear 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, 2017:
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