WSR 00-10-071

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 00-61 -- Filed April 28, 2000, 4:43 p.m. , effective May 1, 2000, 12:01 a.m. ]

Date of Adoption: April 28, 2000.

Purpose: Amend commercial fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-88B-05000A; and amending WAC 220-88B-040 and 220-88B-050.

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: The coastal spot shrimp pot fishery does not have an incidental bottom fish allowance, but fishers are not precluded from simultaneously participating in the coastal bottomfish under federal open access rules. This rule clarifies that retention of bottomfish is not prohibited, provided they are not taken with shrimp gear. The coastal spot shrimp fishery is to be allocated between pot and trawl fishers, and a trawl area closure will allow such allocation. Permanent rule making has been started, but there is insufficient time to have the permanent rules in place before the beginning trawl season.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: May 1, 2000, 12:01 a.m.

April 28, 2000

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 220-88B-04000A
Coastal spot shrimp -- Bottom fish possession.

Notwithstanding the provisions of WAC 220-88B-040, it is lawful for persons fishing in the coastal spot prawn experimental fishery to fish in the coastal groundfish fishery under WAC 220-44-050, and to retain on board bottom fish taken in that fishery while fishing for spot shrimp.

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NEW SECTION
WAC 220-88B-05000A
Coastal spot shrimp -- Trawl closure.

Notwithstanding the provisions of WAC 220-88B-050, effective May 1 through June 30, 2000, it is unlawful to fish for spot shrimp with trawl gear between 4654.50' and 4704.00'N. latitude.

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REPEALER


The following section of the Washington Administrative Code is repealed effective 12:01 a.m. July 1, 2000:


WAC 220-88B-05000A Coastal spot shrimp -- Trawl closure.

Washington State Code Reviser's Office