WSR 99-15-036

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 99-98-- Filed July 14, 1999, 4:20 p.m. , effective July 21, 1999 ]

Date of Adoption: July 14, 1999.

Purpose: Commercial fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-52-07100K; 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 state or federal law or federal rule or a federal deadline for state receipt of federal funds requires immediate adoption of a rule.

Reasons for this Finding: Harvestable amounts of sea cucumbers are available in all districts and areas listed. It is predicted that the South Sound region (26D, 28A, 28B, 28C and 28D) will reach quota by close of fishing on July 20, 1999. San Juan Channel and southwestern Haro Strait are closed consistent with state/tribal agreement. Octopus Hole Conservation Area, Orchard Rocks Conservation Area, City of Des Moines Park Conservation Area, South 239th Street Park Conservation Area and Brackett's Landing Shoreline Sanctuary Conservation Area are closed to preserve the character of the marine preserves. Tatoosh Island closure is consistent with tribal agreements. Eagle Harbor and Sinclair Inlet are closed for health-related reasons. Two divers are allowed when a vessel is designated on two licenses, consistent with SB 5658 passed by the 1999 legislature. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: July 21, 1999.

July 14, 1999

Jeff P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 220-52-07100L
Sea cucumbers

Notwithstanding the provisions of WAC 220-52-071, effective 11:59 p.m. July 20, 1999 until further notice, it is unlawful to take or possess sea cucumbers taken for commercial purposes except as provided for in this section:

(1) Sea cucumber harvest using shellfish diver gear is allowed in Sea Cucumber District 1 (Marine Fish-Shellfish Management and Catch Reporting Areas 20A, 20B, 21A, 21B, 22A, 22B, and 23B), Sea Cucumber District 2 (Marine Fish-Shellfish Management and Catch Reporting Areas 23A, 23C, 23D, 25A, 25B, 25C, 25D, 25E, and 29), and Marine Fish-Shellfish Management and Catch Reporting Areas 24A, 24B, 24C, 24D, 26A, 26B, 26C, 27A, 27B, and 27C, Monday, Tuesday, and Wednesday of each week from 6:00 a.m. to one-half hour before official sunset of each day, except for closures as provided for in this section.

(2) The following areas are closed to the harvest of sea cucumbers at all times:

(a) Those waters of Haro Strait north of a line projected east-west one-half mile south of Eagle Point on San Juan Island and south of a line projected east-west one-quarter mile north of Lime Kiln Light on San Juan Island.

(b) 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 true west to Shaw Island, west of a line from Neck Point on Shaw Island to Steep Point on Orcas Island, and south of a line from Steep Point on Orcas Island to Limestone Point on San Juan Island.

(c) Octopus Hole Conservaton Area - Those waters and bedlands of Hood Canal within a line projected due east from the western shore of Hood Canal on latitude 4727'01"N for 200 yards, thence southerly 628 yards parallel to the high water mark to latitude 4626'66", thence due west to shore, but excluding those tidelands, bedlands and waters within 100 feet of the high water mark.

(d) Orchard Rocks Conservation Area - Those waters and bedlands of Rich Passage north and west within a 400 yard radius of Orchard Rocks between a line projected from Orchard Rocks day marker and a line projected from Orchard Rocks day marker southwesterly through the R '6' flashing red (2.5s) buoy as well as waters within 50 yards of Orchard Rocks day marker.

(e) City of Des Moines Park Conservation Area - Those tidelands owned by the City of Des Moines at City of Des Moines Park, and the water column above these tidelands.

(f) South 239th Street Park Conservation Area - Those tidelands owned by the City of Des Moines at South 239th Street Park, and the water column above these tidelands.

(g) Brackett's Landing Shoreline Sanctuary Conservation Area - Those tidelands owned by the City of Edmonds at Brackett's Landing Shoreline Sanctuary, and the water column above these tidelands.

(h) Tatoosh Island - Those waters within one-quarter mile of Tatoosh Island.

(i) The waters of Eagle Harbor west of a line projected from Wing Point to Eagle Harbor Creosote Light Number 1 then due west to the shore on Bainbridge Island.

(j) The waters of Sinclair Inlet west of a line projected southerly from the easternmost point of Point Turner to landfall below the Veteran's Home in Annapolis.

(3) 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 July 24, 25 and 31, August 1, 7, 8, 14, 15, 21, 22, 28 and 29, 1999.

(4) Only one diver from each harvesting vessel is allowed in the water at any one time during the sea cucumber harvest operation or when commercial quantities of sea cucumbers are aboard, except that two divers may be in the water if the vessel has been designated on two sea cucumber dive fishery licenses.

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REPEALER


The following section of the Washington Administrative Code is repealed effective 12:01 a.m. July 21, 1999:


WAC 220-52-07100K Sea cucumbers. (99-74)

Washington State Code Reviser's Office