WSR 07-12-038

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 07-100 -- Filed May 30, 2007, 3:19 p.m. , effective May 31, 2007, 11:59 p.m. ]


Effective Date of Rule: May 31, 2007, 11:59 p.m.

Purpose: Amend personal use rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-56-32500T; 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. The state recreational share of spot shrimp has been taken in Marine Area 7. Harvestable amounts of nonspot shrimp are available in several marine areas and the short closure period allows illegal and abandoned gear to be removed from the area. Depth restrictions and area closures are in effect to protect spot shrimp. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 30, 2007.

J. P. Koenings

Director


NEW SECTION
WAC 220-56-32500U   Shrimp -- Areas and seasons.   Notwithstanding the provisions of WAC 220-56-325, effective immediately until further notice:

1) Effective 11:59 p.m. May 31, 2007, until 4:59 a.m. June 4, 2007, it is unlawful to fish for or possess shrimp taken for personal use in all waters of Marine Area 7.

2) Effective 5:00 a.m. June 4, 2007, until further notice, it is unlawful to fish for or possess shrimp taken for personal use in all waters of Marine Area 7, except as provided for in this section.

(a) Marine Area 7 south of a line from Biz Point on Fidalgo Island to Cape Saint Mary on Lopez Island, then south of a line from Davis Point on Lopez Island to Cattle Point on San Juan Island, then south of a line due west from Lime Kiln Point light to the international boundary, is closed to the harvest of all shrimp species.

(b) Marine Area 7 north of a line from Biz Point on Fidalgo Island to Cape Saint Mary on Lopez Island, then north of a line from Davis Point to Cattle Point on San Juan Island, then north of a line due west from Lime Kiln Point light to the international boundary:

a. Open to the harvest of all shrimp species except Spot shrimp. It is unlawful to possess Spot shrimp, and all Spot shrimp must immediately be returned to the water unharmed.

b. It is unlawful to set or pull shrimp gear in waters greater than 200 feet deep.

3) It is unlawful to fish for or possess shrimp taken for personal use in all waters of Marine Area 10 and the Discovery Bay and Hood Canal (Marine Area 12) Shrimp Districts.

4) Effective immediately until further notice, all waters equal to or less than 150 feet in depth in Marine Areas 8-1, 8-2, 9 and 11 are open daily to the harvest of all shrimp species except Spot shrimp. All Spot shrimp caught must be returned to the water immediately. It is unlawful to set or pull shrimp gear in waters greater than 150 feet deep.

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REPEALER


The following section of the Washington Administrative Code is repealed, effective 11:59 p.m. May 31, 2007:


WAC 220-56-32500T Shrimp -- Areas and seasons (07-87)

Washington State Code Reviser's Office