WSR 03-11-080

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 03-101 -- Filed May 20, 2003, 3:57 p.m. , effective June 9, 2003, 12:01 a.m. ]

Date of Adoption: May 20, 2003.

Purpose: Amend commercial fishing rules.

Citation of Existing Rules Affected by this Order: Amending WAC 220-52-073 and 220-69-240.

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: Harvestable amounts of red sea urchins exist in the areas described. Prohibition of all diving within two days of scheduled sea urchin openings discourages the practice of fishing on closed days and hiding the unlawful catch underwater until the legal opening. The phone numbers (fax and voice message) have been changed for the required sea urchin fishery landing reports. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: June 9, 2003, 12:01 a.m.

May 20, 2003

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 220-52-07300E   Sea urchins.   Notwithstanding the provisions of WAC 220-52-073, effective 12:01 a.m. June 9, 2003 until further notice, it is unlawful to take or possess sea urchins for commercial purposes except as provided for in this section:

(1) Red sea urchins: Sea Urchin Districts 1 and 2 are open only on June 9, 10, 11, 16, 17, 18, 23, 24, 25, 30 and July 1, and 2, 2003. Within Sea Urchin Districts 1 and 2 it is unlawful to harvest red sea urchins smaller than 4.0 inches or larger than 5.5 inches (size in largest test diameter exclusive of the spines).

(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, within Sea Urchin Districts 1 and 2 on Saturdays and Sundays of each week.

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NEW SECTION
WAC 220-69-24000F   Duties of commercial purchasers and receivers.   Notwithstanding the provisions of WAC 220-69-240, effective 12:01 a.m. June 9, 2003, until further notice, the Wholesale dealer sea cucumber and sea urchin landing reports must be made by facsimile (FAX) transmission to (360) 902-2943, or by toll free telephone to (866) 207-8223.

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