WSR 97-13-056

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

(Fisheries)

[Order 97-106--Filed June 16, 1997, 4:15 p.m., effective June 17, 1997, 9:00 a.m.]

Date of Adoption: June 16, 1997.

Purpose: Commercial fishing regulations.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-88A-07000P; 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: This regulation is necessary to met 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 1, amended 0, repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.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: June 17, 1997, 9:00 a.m.

June 16, 1997

Bern Shanks

Director

NEW SECTION

WAC 220-88A-07000Q Emerging commercial fishery--Puget Sound shrimp pot experimental fishery--Seasons and gear--Spot prawn restrictions. Notwithstanding the provisions of WAC 220-88A-070, effective 9:00 a.m. June 17, 1997, until further notice:

(1) It is unlawful to commercially fish for shrimp with shellfish pot gear in Marine Fish Shellfish Management and Catch Reporting Areas 20A, 20B, 21A, 21B, 22A, 22B, 23A, 23B, 24A, 24B, 24C, 24D, 25A, 26A, 26B, and 26C.

(2) 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 middorsal margin to the posterior-most part of the eye stalk orbit.

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REPEALER

The following section of the Washington Administrative Code is repealed effective 9:00 a.m. June 17, 1997:

WAC 220-88A-07000P Emerging commercial fishery--Puget Sound shrimp pot experimental fishery--Seasons and gear--Spot prawn restrictions. (97-81)

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