WSR 99-21-004

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 99-179-- Filed October 8, 1999, 10:35 a.m. , effective October 11, 1999, 12:01 a.m. ]

Date of Adoption: October 6, 1999.

Purpose: Commercial fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-52-07300L; and amending WAC 220-52-073 and 220-69-240.

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 green sea urchins exist in the areas described. There is insufficient time to promulgate permanent rules. San Juan Channel and southwestern Haro Strait are closed consistent with state/tribal agreement. Titlow Beach Marine Preserve, Orchard Rocks Conservation Area, City of Des Moines Park Conservation Area, South 239th Street Park 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. Prohibition of all diving within two days of scheduled green sea urchin openings discourages the practice of fishing on closed days and hiding the unlawful catch underwater until the legal opening.

Daily reports of landings are needed to prevent overharvest of allocations in each management region; fish receiving tickets are not received and processed in a manner that permits timely closure of regions. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 2, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.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: October 11, 1999, 12:01 a.m.

October 6, 1999

Jeff P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 220-52-07300M
Sea urchins

Notwithstanding the provisions of WAC 220-52-073, effective 12:01 a.m. October 11, 1999 until further notice, it is unlawful to take or possess sea urchins taken for commercial purposes except as provided for in this section:

(1) Green sea urchins: Sea Urchin Districts 1, 2, 3, 4 and Marine Fish/Shellfish Management and Catch Reporting Areas 24A, 24B, 24C, and 24D are open on Mondays, Tuesdays, and Wednesdays of each week. Marine Fish/Shellfish Management and Catch Reporting Areas 26B, 26C, 26D, and 28A are open on Mondays and Tuesdays of each week. The minimum size for green sea urchins is 2.25 inches in diameter exclusive of the spines.

(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) Titlow Beach Marine Preserve - All waters due west from the southern end of the Tacoma Outboard Association building near the boat launch ramp to the outer harbor line, then south following the outer harbor line to a line due west from the old ferry landing dock at the 6th Ave. extension then following the line to the high water line then to the point of origin.

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

(e) 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.

(f) 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.

(g) 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 Rock day marker.

(h) 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.

(i) 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.

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

(4) 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 October 9, 10, 16, 17, 23, 24, 30, 31, November 6, 7, 13, 14, 20, 21, 27 and 28, 1999.

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NEW SECTION
WAC 220-69-24000M
Duties of commercial purchasers and receivers

Notwithstanding the provisions of WAC 220-69-240, effective immediately until further notice:

(1) It is unlawful for any wholesale dealer purchasing sea urchins from non-treaty sea urchin fishers to fail to report to the Department each day's purchase by 10:00 a.m. the following day. The report must specify the number of pounds taken by Marine Fish-Shellfish Management and Catch Reporting Area. Either of the following two methods of reporting is acceptable.

(a) By facsimile (FAX) transmission to (360) 796-4997, or

(b) By telephone call to (360) 796-4601, extension 500.

(2) All fish receiving ticket reporting requirements of WAC 220-69-240 remain in effect.

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REPEALER


The following section of the Washington Administrative Code is repealed effective 11:59 p.m. October 10, 1999:


WAC 220-52-07300L Sea urchins. (99-140)

Washington State Code Reviser's Office