Purpose: Commercial fishing regulations.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-88A-07000S; and amending WAC 220-88A-070.

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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, amended 0, repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.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

April 29, 1998

Larry Peck

for Bern Shanks

Director

WAC 220-88A-07000T  Emerging commercial fishery--Puget Sound shrimp pot. Notwithstanding the provisions of WAC 220-88A-070:

(1) Effective immediately it is unlawful to retain shrimp other than spot shrimp through April 30, 1998.

(2) Effective immediately until further notice it is unlawful to fish for or possess spot shrimp taken for commercial purposes with shrimp pot gear from Marine Fish-Shellfish Management and Catch Reporting Areas 23A, 24A, 24B, 24C, 24D, and 26A.

(3) Effective 8:00 a.m., May 1, 1998, until further notice it is unlawful to fish for or possess shrimp taken for commercial purposes with shrimp pot gear from the following areas:

(a) Marine Fish-Shellfish Management and Catch Reporting Area 20B except for those waters west of a line from Point Doughty on Orcas Island to the bell buoy at the international boundary due north of Waldron Island.

(b) Marine Fish-Shellfish Management and Catch Reporting Area 22A except for those waters west of the following line: beginning at Steep Point On Orcas Island to Neck Point on Shaw Island, then southerly following the west coast of Shaw Island to the southernmost point of Shaw Island, then to the western entrance to Fisherman's Bay on Lopez Island, then southerly and easterly following the west coast of Lopez Island to Point Colville.

(4) Effective May 1, 1998, until further notice it is unlawful to retain shrimp other than spot shrimp taken for commercial purposes with shrimp pot gear from Marine Fish-Shellfish Management and Catch Reporting Areas 20B, 22A and 23B.

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REPEALER

The following section of the Washington Administrative Code is repealed:

WAC 220-88A-07000S Emerging commercial fishery-Puget Sound shrimp pot (98-76)