WSR 98-20-002
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 98-205--Filed September 24, 1998, 2:04 p.m., effective September 25, 1998, 8:00 a.m.]
Date of Adoption: September 24, 1998.
Purpose: Commercial fishing regulations.
Citation of Existing Rules Affected by this Order: Repealing WAC 220-88A-08000U; and amending WAC 220-88A-080.
Statutory Authority for Adoption: RCW 75.08.080.
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: These rules are necessary to implement the 1998 state/tribal Puget Sound shrimp harvest management plan and meet all allocation requirements under Subproceeding 89-3 in United States v. Washington. These rules will allow for a sharing of catch between treaty and nontreaty shrimp fishers. There is insufficient time to promulgate 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, amended 0, repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.
Effective Date of Rule: September 25, 1998, 8:00 a.m.
September 25 [24], 1998
Larry W. Peck
Acting Director
NEW SECTION
WAC 220-88A-08000V Emerging commercial--Fishery--Puget Sound shrimp trawl experimental fishery--Seasons and gear. Notwithstanding the provisions of WAC 220-88A-080:
(1) Effective 8:00 a.m. September 25, 1998, until further notice, it is unlawful to fish for or possess shrimp taken for commercial purposes with shellfish beam trawl gear from Marine Fish-Shellfish Management and Catch Reporting Areas 20B, 23B, 25A, 25B and all waters of Marine Fish-Shellfish Management and Catch Reporting Area 23A east of a line projected true north from the lighthouse on Dungeness spit.
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REPEALER
The following section of the Washington Administrative Code is repealed effective 8:00 a.m. September 25, 1998:
WAC 220-88A-08000U Emerging commercial fishery--Puget Sound shrimp trawl experimental fishery--Seasons and gear. (98-128)