WSR 02-16-044

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 02-175 -- Filed July 31, 2002, 3:36 p.m. , effective August 12, 2002, 8:00 p.m. ]

Date of Adoption: July 31, 2002.

Purpose: Amend personal use rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-56-32500A; and amending WAC 220-56-325.

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: This regulation is needed to ensure an orderly fishery, manage within court-ordered sharing requirements, and to ensure conservation. The state recreational share of shrimp has been reached in the areas closed under this 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: August 12, 2002, 8:00 p.m.

July 31, 2002

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 220-56-32500B   Shrimp -- Areas and seasons.   Notwithstanding the provisions of WAC 220-56-325 and WAC 220-56-310:

1) Effective 8:00 p.m. August 12, 2002, until further notice, it is unlawful in those waters of Marine Area 7 north of a line from Biz Point on Fidalgo Island to Cape St Mary on Lopez Island, then north of a line from Davis Point on Lopez Island to Cattle Point on San Juan Island, then north of a line due west from Lime Kiln Point light to the international boundary to:

(a) Retain spot shrimp - all spot shrimp must be returned immediately to the water unharmed.

(b) To set or pull shrimp gear in waters deeper than 200 feet.

2) Effective immediately, until further notice, it is unlawful to harvest or possess shrimp taken for personal use in the Discovery Bay Shrimp District, the Port Angeles Shrimp District, and Marine Area 10.

3) Effective immediately until further notice, it is unlawful to harvest or possess shrimp taken for personal use in those waters of Marine Area 7 south of a line from Biz Point on Fidalgo Island to Cape St Mary on Lopez Island, then south of the shores of Lopez Island to Davis Point, then south of a line from Davis Point to Cattle Point on San Juan Island, then south of the shores of San Juan Island to Lime Kiln Point light, then south of a line due west from Lime Kiln Point light to the international boundary.

4) Effective immediately until further notice, all waters of Marine Areas 8-1, 8-2 and 9 are open Thursday through Sunday to the harvest of shrimp for personal use except:

(a) It is unlawful to possess spot shrimp and all spot shrimp must immediately be returned to the water unharmed.

(b) It is unlawful to set or pull shrimp gear in waters greater than 150 feet deep.

(c) It is unlawful to set or pull shrimp gear in all waters of Port Townsend Bay south and west of a line from Marrowstone Point to Point Wilson (including Kilisut Harbor).

[]


REPEALER

The following section of the Washington Administrative Code is repealed effective 8:00 p.m. August 12, 2002:


WAC 220-56-32500A Shrimp -- Areas and seasons. (02-164)

Washington State Code Reviser's Office