WSR 03-09-013

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 03-63 -- Filed April 4, 2003, 11:58 a.m. , effective April 16, 2003, 6:00 a.m. ]

     Date of Adoption: April 3, 2003.

     Purpose: Amend commercial fishing regulations.

     Citation of Existing Rules Affected by this Order: Amending WAC 220-52-051.

     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: The 2003 state/tribal Strait of Juan de Fuca and North Sound shrimp harvest management plans require adoption of harvest seasons and the prohibition on night time fishing contained in this emergency rule. 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: April 16, 2003, 6:00 a.m.

April 3, 2003

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 220-52-05100P   Puget Sound shrimp beam trawl fishery -- Seasons.   Notwithstanding the provisions of WAC 220-52-051 it is unlawful to fish for shrimp for commercial purposes in Puget Sound except as provided for in this section:

     (1) Shrimp beam trawl gear:

     (a) Crustacean Management Region 3 outside of the shrimp districts:

     Open effective 6:00 a.m. April 16, 2003, until further notice.

     (b) Shrimp Management Area 1B: Marine Fish Shellfish Catch and Reporting Area 22A open effective 6:00 a.m. May 16, 2003, until further notice.

     (2) It is unlawful to harvest shrimp using shrimp beam trawl gear from one hour after official sunset to one hour before official sunrise.

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