WSR 97-15-081

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

(Fisheries)

[Order 97-120--Filed July 16, 1997, 4:51 p.m., effective July 16, 1997, 6:00 p.m.]

Date of Adoption: July 15, 1997.

Purpose: Commercial fishing regulations.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-88A-08000M; and amending WAC 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 rules are necessary to comply with a recently negotiated state/tribal Puget Sound shrimp harvest management plan and meet treaty sharing requirements. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 1, amended 0, repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.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: July 16, 1997, 6:00 p.m.

July 15, 1997

Bern Shanks

Director

NEW SECTION

WAC 220-88A-08000N Emerging commercial fishery--Puget Sound shrimp trawl experimental fishery--Seasons and gear. Notwithstanding the provisions of WAC 220-88A-080, effective 6:00 p.m. July 16, 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, 20B, 22A, 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 in waters less than 20 fathoms deep.

(b) Those waters of Marine Fish Shellfish Management and Catch Reporting Area 22A west of a line projected true south from Deer Point on Orcas Island to Blakely Island and west of a line projected true south from the southernmost point of Blakely Island to Decatur Island, and west of a line projected true south from the southernmost 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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REPEALER

The following section of the Washington Administrative Code is repealed effective 6:00 p.m. July 16, 1997: