WSR 99-17-005

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 99-113-- Filed August 5, 1999, 8:20 a.m. ]

Date of Adoption: August 4, 1999.

Purpose: Commercial fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-52-07100L; 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 are available in areas listed. Octopus Hole Conservation Area and Sund Rock Marine Preserve are closed to preserve the character of the Marine Preserves. Tatoosh Island closure is consistent with tribal agreements. Two divers are allowed when a vessel is designated on two licenses, consistent with SB 5658 passed by the 1999 legislature. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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

August 4, 1999

Jeff P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 220-52-07100M
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) Sea cucumber harvest using shellfish diver gear is allowed in 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 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). 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.

(3) The Griffin Bay Special Management Area is only open on August 9, 1999. The maximum daily landing from the Griffin Bay Special Management Area for a vessel on August 9, 1999 is 1,000 pounds of sea cucumbers

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

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

(b) Sund Rock Marine Preserve - Waters within 100 yards of the salmon net pens near Sund Rock in Hood Canal.

(c) Octopus Hole Conservation 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.

(5) 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 August 7, 8, 14, 15, 21, 22, 28 and 29, 1999.

(6) 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.

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

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Reviser's note: The typographical errors in the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.
REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 220-52-07100L Sea cucumbers. (99-98)

Washington State Code Reviser's Office