WSR 97-11-046

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

(Fisheries)

[Order 97-81--Filed May 16, 1997, 4:35 p.m., effective May 17, 1997, 12:01 a.m.]

Date of Adoption: May 16, 1997.

Purpose: Commercial fishing regulations.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-88A-07000N and 220-88A-08000J; and amending WAC 220-88A-070 and 220-88A-080.

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 regulations are necessary to meet harvest allocation and conservation needs for harvestable shrimp populations as identified in state/tribal management agreements. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 1, amended 0, repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.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: May 17, 1997, 12:01 a.m.

May 16, 1997

Bruce Crawford

for Bern Shanks

Director

NEW SECTION

WAC 220-88A-07000P Emerging commercial fishery--Puget Sound shrimp pot experimental fishery--Seasons and gear--Spot prawn restrictions. Notwithstanding the provisions of WAC 220-88A-070, effective 12:01 a.m. May 17, 1997 until further notice:

(1) It is unlawful to commercially fish for shrimp with shellfish pot gear or to possess shrimp taken with commercial pot gear from Marine Fish Shellfish Management and Catch Reporting Areas 20A, 20B, 21A, 21B, 22A, 22B, 23B, 24A, 24B, 24C, 24D, 26A, 26B, and 26C.

(2) Notwithstanding the provisions of WAC 220-88A-070, effective 6:01 p.m. May 20, 1997, until further notice, it is unlawful to commercially fish for shrimp with shellfish pot gear or to possess shrimp taken with commercial pot gear from Marine Fish Shellfish Management and Catch Reporting Area 25A.

(3) In all waters open to commercial shrimp fishing, it is unlawful to retain spot shrimp taken with shellfish pot gear that have a carapace length less than 30 millimeters. Carapace length is defined as the length between the posterior mid-dorsal margin to the posterior-most part of the eye stalk orbit.

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NEW SECTION

WAC 220-88A-08000K Emerging commercial fishery--Puget Sound shrimp trawl experimental fishery--Seasons and gear. Notwithstanding the provisions of WAC 220-88A-080, effective 6:01 p.m. May 18, 1997, until further notice, it is unlawful to fish for or possess shrimp taken for commercial purposes in Puget Sound using shellfish beam trawl gear except as provided for in this section:

(1) Open - in Marine Fish Shellfish Management and Catch Reporting Areas 20A, 21A, 22A, 23A, 23B, 23C, and 29, except as provided for in this section.

(2) The following areas are closed to beam trawl gear:

(a) Marine Fish Shellfish Management and Catch Reporting Area 20A is closed through July 15, 1997. Beginning July 16, 1997 open in waters greater than 20 fathoms depth only.

(b) Those waters of Marine Fish Shellfish Management and Catch Reporting Area 21A, south and east of a line from the southern tip of Sinclair Island to Carter Point on Lummi Island.

(c) Those waters of Marine Fish Shellfish Management and Catch Reporting Area 22A east of a line projected true south from Deer Point on Orcas Island to Blakely Island and east of a line projected true south from the southernmost point of Blakely Island to Decatur Island, and east of a line projected true sough from the southermost point of Decatur Island to Lopez Island.

(3) It is unlawful to harvest and retain spot shrimp, or any other species other than Pandalid shrimp.

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Reviser's note: The spelling errors in the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.

REPEALER

The following section of the Washington Administrative Code is repealed effective 12:01 a.m. May 17, 1997:

WAC 220-88A-07000N Emerging commercial fishery--Puget Sound shrimp pot experimental fishery--Seasons and gear--Spot prawn restrictions (97-80)

The following section of the Washington Administrative Code is repealed effective 6:01 p.m. May 18, 1997: