WSR 99-08-010

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 99-21-- Filed March 26, 1999, 12:46 p.m. ]

Date of Adoption: March 26, 1999.

Purpose: Commercial fishing regulations.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-52-07100J; and amending WAC 220-52-071.

Statutory Authority for Adoption: RCW 75.08.080.

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: Harvestable amounts of sea cucumbers exist in the Griffin Bay special management area. Prohibition of all diving within two days of the scheduled sea cucumber opening discourages the practice of fishing on closed days and hiding the unlawful catch underwater until the legal opening. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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

March 26, 1999

J. P. Koenings

Director


NEW SECTION
WAC 220-52-07100J
Sea cucumbers.

Notwithstanding the provisions of WAC 220-52-071, effective immediately until further notice, it is unlawful to take or possess sea cucumbers taken for commercial purposes except as provided for in this section:

(1) The Griffin Bay Special Management Area is only open on March 31, 1999. The maximum daily landing for a vessel on March 31, 1999, is 1,100 pounds of sea cucumbers.

(2) It is unlawful to dive for any purpose from a commercially-licensed fishing vessel, except vessels actively fishing geoducks under contract with the Washington Department of Natural Resources, on March 29 and March 30, 1999.

(3) Griffin Bay Special Management Area is defined as those waters of San Juan Channel and Upright Channel within the following lines: north of a line from Cattle Point on San Juan Island to Davis Point on Lopez Island, south of a line projected from Flat Point on Lopez Island to the northernmost point of Turn Island and thence projected true west to San Juan Island.

(4) All shellfish diver gear rules in WAC 220-52-071 remain in effect.

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REPEALER

The following section of the Washington Administrative Code is repealed effective on hour after official sunset March 31, 1999:

WAC 220-52-07100JSea cucumbers.

Reviser's note: The typographical error in the above material occurred in the copy filed by the Department of Fish and Wildlife and appears in the Register pursuant to the requirements of RCW 34.08.040.

Washington State Code Reviser's Office