WSR 02-09-003

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 02-68 -- Filed April 3, 2002, 3:22 p.m. , effective April 7, 2002, 7:00 p.m. ]

Date of Adoption: April 3, 2002.

Purpose: Amend personal use rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-56-32500T, 220-56-31000U and 220-56-31500A; and amending WAC 220-56-310 and 220-56-315.

Statutory Authority for Adoption: RCW 77.12.047.

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: Daily limit restrictions for spot shrimp are needed to stay within state/tribal allocations and quotas as specified by federal court and Fish and Wildlife Commission policies. Gear restrictions for shrimp are needed to ensure orderly fisheries, manage within court-ordered sharing requirements and to ensure conservation. The state recreational share of spot shrimp set aside for this trial fishery has been taken. There rules are interim until permanent rules take effect.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 0, Repealed 3.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: April 7, 2002, 7:00 p.m.

April 3, 2002

Evan Jacoby

for Jeff Koenings

Director


NEW SECTION
WAC 220-56-31000U   Shellfish -- Daily limits.   Notwithstanding the provisions of WAC 220-56-310, effective April 20, 2002 through April 30, 2002 in all waters of Puget Sound (except Shrimp Districts) - Daily limit 10 pounds of shrimp, which may contain no more than 80 spot shrimp. Minimum spot shrimp size one and three-sixteenths inch from base of eyestalk to top rear edge of carapace.

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NEW SECTION
WAC 220-56-31500A   Crabs, shrimp, crawfish -- Unlawful acts.   Notwithstanding the provisions of WAC 220-56-315, effective April 20, 2002 through April 30, 2002, it is unlawful in waters of Puget Sound (except Shrimp Districts) to fish more than four shrimp pots from a vessel, and unlawful for any vessel to have more than four shrimp pots on board.

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REPEALER


The following section of the Washington Administrative Code is repealed effective 7:00 p.m. April 7, 2002:


WAC 220-56-32500T Shrimp seasons - Early recreational fishery, shipwreck to Edwards point in Area 9. (02-65)

The following sections of the Washington Administrative Code are repealed effective 12:01 a.m. May 1, 2002:


WAC 220-56-31000U Shellfish--Daily limits.
WAC 220-56-31500A Crabs, shrimp, crawfish -- Unlawful acts.

Washington State Code Reviser's Office