WSR 07-13-049

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 07-116 -- Filed June 14, 2007, 2:18 p.m. , effective June 14, 2007, 2:18 p.m. ]


Effective Date of Rule: Immediately.

Purpose: Amend personal use fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-56-32500V; and amending WAC 220-56-325 and 220-56-320.

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. Harvestable amounts of spot shrimp are available in the Hood Canal shrimp district and the southern portion of Marine Area 7. The emergency rule regarding mesh size restrictions in Marine Area 12 is needed to protect the spot shrimp resource in that area. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: June 13, 2007.

J. P. Koenings

Director


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

1) 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 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.

(b) Effective 5:00 a.m., June 20, 2007, until 9:00 p.m., June 24, 2007, Marine Area 7 south of a line from the Initiative 77 marker on Fidalgo Island to Point Colville 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 open to the harvest of all shrimp species.

2) It is unlawful to fish for or possess shrimp taken for personal use in all waters of the Hood Canal Shrimp District (Marine Area 12), except open from 9:00 a.m. through 1:00 p.m., on June 23, 2007.

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 Shrimp District.

4) 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.

5) All waters of Marine Areas 4 east of the Bonilla-Tatoosh line, and Marine Areas 5, 6 and 13 (excluding the Shrimp Districts), are open daily to the harvest of all shrimp species.

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REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 220-56-32500V Shrimp -- Areas and seasons (07-103)

NEW SECTION
WAC 220-56-32000A   Shellfish gear -- Unlawful acts.   Notwithstanding the provisions of WAC 220-56-320, effective immediately until further notice:

1) It is unlawful to take, fish for or possess shrimp taken for personal use with shellfish pot gear during the month of June in Area 12, unless such gear meets the following requirements:

(a) The entire top, bottom, and sides of the shellfish pots must be constructed of mesh material and, except for the entrance tunnels, have the minimum mesh opening size defined below.

(b) The minimum mesh opening size for shrimp pots is defined as a mesh that a 7/8-inch square peg will pass through, in each mesh opening, except for flexible (web) mesh pots, where the opening must be a minimum of one and three-quarters inch stretch measure.

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Washington State Code Reviser's Office