WSR 05-10-078

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 05-80 -- Filed May 3, 2005, 2:38 p.m. , effective May 3, 2005 ]


Purpose: Amend personal use rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-56-32500W; 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 an orderly fishery, manage within court-ordered sharing requirements, and to ensure conservation. A limited fishery to allow the capture of shrimp by divers using scuba gear is being allowed in Marine Area 8-2. There has been a small dive fishery for shrimp in this area for the past several years. Under new permanent rules the area is closed for all shrimp fishing at night, which precludes diver harvest since the shrimp are too deep during the day for divers to reach, so limited night-time hours for divers only are being allowed on an experimental basis. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: May 3, 2005.

J. P. Koenings

Director

by Larry Peck


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

1) Effective immediately, through 6:59 a.m. May 7, 2005, it is unlawful to fish for or possess shrimp taken for personal use in all waters of Marine Areas 5-13 including the Shrimp Districts, and Marine Area 4 east of the Bonilla-Tatoosh line.

2) Effective 7:00 a.m. May 7, 2005, until further notice, it is unlawful to fish for or possess shrimp taken for personal use in all waters of the Port Townsend Shrimp District, except as provided for in this section:

(a) Open on Saturdays and Wednesdays only, from 7:00 a.m. to 3:00 p.m., south of a line from Kala Point to Walan Point.

(b) It is unlawful to possess spot shrimp and all spot shrimp must immediately be returned to the water unharmed.

3) Effective May 7, 2005, it is lawful for divers using scuba gear to capture and possess shrimp in Marine Area 8-2 from 7:00 p.m. to 11:59 p.m. on the following dates: May 7, 11, 14, and 18, 2005.

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REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 220-56-32500W Shrimp -- Areas and season (05-67)

Washington State Code Reviser's Office