Effective Date of Rule: Thirty-one days after filing.

     Purpose: Amend commercial fishing rules.

     Citation of Existing Rules Affected by this Order: Amending WAC 220-88B-040.

     Statutory Authority for Adoption: RCW 77.12.047.

      Adopted under notice filed as WSR 06-16-017 on July 24, 2006.

     Changes Other than Editing from Proposed to Adopted Version: The following adjustments were adopted since the original CR-102 filing and are outlined below:

     WAC 220-88B-040 Coastal spot shrimp pot experimental fishery -- Seasons and gear -- Species restriction.

     (1) Season - Open to shellfish pot gear ((the entire year)) April 1 March 15 through August 31 September 15.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

     Date Adopted: October 6, 2006.

J. P. Koenings, Director

Nancy Burkhart

for Ron Ozment, Chair

Fish and Wildlife Commission

OTS-9009.2

AMENDATORY SECTION(Amending Order 04-21, filed 2/10/04, effective 3/12/04)

WAC 220-88B-040   Coastal spot shrimp pot experimental fishery -- Season and gear -- Species restriction.   It is unlawful to fish for spot shrimp for commercial purposes in coastal and offshore waters using shellfish pot gear except as provided in this section:

     (1) Season - Open to shellfish pot gear ((the entire year)) March 15 through September 15.

     (2) Gear restrictions:

     (a) Maximum of 500 shellfish pots per permit.

     (b) Pot size is limited to a maximum 153 inch bottom perimeter and a maximum 24 inch height.

     (c) Shrimp pot gear must be constructed with net webbing or rigid mesh, and at least 50 percent of the net webbing or mesh covering the sides of the pot must easily allow passage of a seven-eighths inch diameter dowel.

     (d) Pot gear is required to have an escape mechanism as provided for in WAC 220-52-035.

     (e) Groundline end marker buoys must be floating and visible on the surface of the water, equipped with a pole, flag, radar reflector and operating light, and marked with the clear identification of the permittee.

     (3) Incidental catch: It is unlawful to retain any species of finfish or shellfish taken with spot shrimp pot gear, except that it is lawful to retain octopus, squid, and up to 50 pounds round weight of other shrimp species taken with shrimp pot gear. It is unlawful for persons fishing in the coastal spot shrimp experimental fishery to deliver spot shrimp while having on board bottomfish taken in the coastal bottomfish fishery under WAC 220-44-050.

[Statutory Authority: RCW 77.12.047. 04-05-027 (Order 04-21), § 220-88B-040, filed 2/10/04, effective 3/12/04; 02-02-050 (Order 01-287), § 220-88B-040, filed 12/27/01, effective 1/27/02; 00-17-107 (Order 00-152), § 220-88B-040, filed 8/16/00, effective 9/16/00. Statutory Authority: RCW 75.08.080. 99-01-154 (Order 98-257), § 220-88B-040, filed 12/22/98, effective 1/22/99.]

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