WSR 02-09-067

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 02-75 -- Filed April 15, 2002, 4:53 p.m. ]

Date of Adoption: April 15, 2002.

Purpose: Commercial fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-52-05100Y; and amending WAC 220-52-051.

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: The 2002 state/tribal Strait of Juan de Fuca shrimp harvest management plan requires adoption of harvest seasons and the prohibition of night time fishing contained in this emergency rule. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: Immediately.

April 15, 2002

Evan Jacoby

for Jeff Koenings

Director


NEW SECTION
WAC 220-52-05100Z   Puget Sound shrimp beam trawl fishery -- Seasons.   Notwithstanding the provisions of WAC 220-52-051, effective 8:00 a.m. April 16, 2002, until further notice it is unlawful to fish for shrimp for commercial purposes in Puget Sound except as provided for in this section:

(1) Shrimp beam trawl gear:

(a) Crustacean management area 3 outside of the shrimp district - Open until further notice.

(2) For purposes of shrimp trawl catch reporting: 23A East is that portion of Marine Fish-Shellfish Management and Catch Reporting Area 23A, east of a line projected true north from the Dungeness lighthouse; and 23A West is that portion of Marine Fish-Shellfish Management and Catch Reporting Area 23A, west of the line described herein.

(3) It is unlawful to harvest shrimp using shrimp beam trawl gear from one hour after official sunset to one hour before official sunrise.

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REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 220-52-05100Y Puget Sound shrimp beam trawl fishery -- Seasons. (02-71)

Washington State Code Reviser's Office