WSR 15-12-101 EMERGENCY RULES DEPARTMENT OF
FISH AND WILDLIFE
[Order 15-157—Filed June 2, 2015, 3:29 p.m., effective June 2, 2015, 3:29 p.m.] Effective Date of Rule: Immediately upon filing.
Purpose: Amend rules in the recreational spot shrimp fishery.
Citation of Existing Rules Affected by this Order: Repealing WAC 220-56-32500S; and amending WAC 220-56-325.
Statutory Authority for Adoption: RCW 77.04.012, 77.04.020, and 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. Harvestable amounts of nonspot shrimp are available in several marine areas, and the depth restrictions and area closures are in effect to protect spot shrimp. In addition, harvestable amounts of spot shrimp remain available [in] Marine Areas 4, 5, 6, 7 West, 8-1 and 8-2. Also corrects a typographical error in existing emergency rule. There is insufficient time to adopt 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: June 2, 2015.
David Giglio
for J. W. Unsworth
Director
NEW SECTION
WAC 220-56-32500T Shrimp—Areas and seasons.
Notwithstanding the provisions of WAC 220-56-325, effective immediately until further notice:
(1) Marine Areas 4 (east of the Bonilla-Tatoosh line), 5 and 6 (excluding the Discovery Bay Shrimp District) are open to the harvest of all shrimp species.
(2) It is unlawful to fish for or possess shrimp taken for personal use in all waters of Marine Area 7, except as follows:
(a) The portion of Marine Area 7 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, then west of a line from the bell buoy at the international boundary to Point Doughty on Orcas Island, then west of a line projected true north and south from the western tip of Crane Island, then west of a line projected from the southern tip of Shaw Island to the number 2 buoy at the entrance to Fisherman Bay: Open to the harvest of all shrimp species.
(b) The portion of Marine Area 7 north of a line from the Biz Point on Fidalgo Island to Cape Saint Mary on Lopez Island, then east of a line projected from the number 2 buoy at the entrance to Fisherman Bay to the southern tip of Shaw Island, then east of a line projected true north and south from the western tip of Crane Island, then east of a line from Point Doughty on Orcas Island to the bell buoy at the international boundary:
(i) Open to the harvest of all shrimp species except spot shrimp. It is unlawful to possess spot shrimp, and all spot shrimp must immediately be returned to the water unharmed.
(ii) It is unlawful to set or pull shrimp gear in waters greater than 200 feet deep.
(3) It is unlawful to fish for or possess shrimp taken for personal use in all waters of Marine Area 8-1 and 8-2, except as follows:
(a) Effective immediately, until 11:59 p.m. June 23, 2015, all waters equal to or less than 150 feet in depth are open to the harvest of all shrimp species except spot shrimp. All spot shrimp caught must be immediately returned to the water unharmed. It is unlawful to set or pull shrimp gear in waters greater than 150 feet deep.
(b) Effective June 24, 2015, all waters are open to the harvest of all shrimp species from 9:00 a.m. through 1:00 p.m.
(c) Effective 12:01 a.m. June 25, 2015, until further notice, all waters equal to or less than 150 feet in depth are open to the harvest of all shrimp species except spot shrimp. All spot shrimp caught must be immediately returned to the water unharmed. It is unlawful to set or pull shrimp gear in waters greater than 150 feet deep.
(4) All waters equal to or less than 150 feet in depth in Marine Areas 9 and 11 are open to the harvest of all shrimp species except spot shrimp. All spot shrimp caught must be immediately returned to the water unharmed. It is unlawful to set or pull shrimp gear in waters greater than 150 feet deep.
REPEALER
The following section of the Washington Administrative Code is repealed:
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