WSR 01-11-040

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 01-78 -- Filed May 9, 2001, 3:35 p.m. , effective May 13, 2001, 6:00 p.m. ]

Date of Adoption: May 8, 2001.

Purpose: Amend personal use fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-56-32500K; and amending WAC 220-56-325.

Statutory Authority for Adoption: RCW 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 orderly fisheries, manage within court-ordered sharing requirements and to ensure conservation. The state recreational share of spot shrimp has been exceeded in the areas closed under this rule. Depth restrictions will provide opportunity to harvest available nonspot shrimp while reducing impact to the spot shrimp resource. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 13, 2001, 6:00 p.m.

May 8, 2001

J. P. Koenings

Director


NEW SECTION
WAC 220-56-32500L   Shrimp -- Areas and seasons.   Notwithstanding the provisions of WAC 220-56-325 and WAC 220-56-310:

     (1) Effective 6:00 p.m. May 13, 2001, until 5:00 a.m. May 17, 2001 it is unlawful to harvest or possess shrimp taken for personal use in Marine Area 8-1, 8-2 and 9.

     (2) Effective 5:00 a.m. May 17, 2001, until further notice, it is lawful to harvest or possess shrimp taken for personal use in the area described in (1), except that:

     (a) Spot shrimp must be returned immediately to the water unharmed.

     (b) It is unlawful to set or pull shrimp gear in waters greater than 150 feet, except that it is unlawful to set or pull shrimp gear in waters greater than 90 feet in Port Townsend Bay, south and west of a line from Marrowstone Point to Point Wilson.

     (c) It is unlawful to set or pull shrimp gear on Monday, Tuesday or Wednesday of each week.

     (3) Effective immediately, until further notice, it is unlawful to harvest or possess shrimp taken for personal use in Marine Area 10.

     (4) It is unlawful to fish for or possess shrimp from those waters of Hood Canal south of the Hood Canal floating bridge except as provided in this section:

     (a) Fishing for shrimp is allowed between 9:00 a.m. and 1:00 p.m. on the following dates: May 19, 23, 26 and 30, 2001.

     (b) No shrimp fishers may leave shrimp fishing gear in the water between:

     1:00 p.m. May 19 and 9:00 a.m. May 23;

     1:00 p.m. May 23 and 9:00 a.m. May 26;

     1:00 p.m. May 26 and 9:00 a.m. May 30;

     or after 1:00 p.m. May 30.

     (c) It shall be unlawful for any vessel participating in the fishery to have more than four shrimp pots operated from the vessel.

     (d) It is unlawful for any one person to take in any one day more that eighty shrimp. The first eighty shrimp taken must be retained.

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REPEALER

     The following section of the Washington Administrative is repealed effective 6:00 p.m. May 13, 2001:


WAC 220-56-32500K Shrimp -- Areas and seasons. (01-71)

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