WSR 04-01-060

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 03-309 -- Filed December 12, 2003, 8:31 a.m. ]


Date Adopted: December 12, 2003.

Purpose: Amend commercial fishing rules.

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

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 and green sea urchins exist in the areas described. Prohibition of all diving within one or 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. Specifically expressing the boundary between Sea Urchin Districts 3 and 4, in terms of geographic longitudinal position, aids in the enforceability of harvest openings and assures that proper catch allocation occurs for each of the districts harvest quotas. Limiting the legal harvest period for red sea urchins in Sea Urchin Management District 4 to one day will reduce the potential for overharvest of the state harvest quota share for that district. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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

December 12, 2003

J. P. Koenings

Director


NEW SECTION
WAC 220-52-07300I   Sea urchins   Notwithstanding the provisions of WAC 220-52-073 and WAC 220-20-051, effective immediately until further notice, it is unlawful to take or possess sea urchins taken for commercial purposes except as provided for in this section:

(1) Sea urchin districts:

(a) Sea Urchin District 3 (Port Angeles) is defined as those waters of Marine Fish-Shellfish Management and Catch Reporting Area 23C east of a line projected true north from Low Point along the 123 49.500' (123 49' 30") longitude line, and Area 23D.

(b) Sea Urchin District 4 (Sekiu) is defined as those waters of Marine Fish-Shellfish Management and Catch Reporting Area 23C west of a line projected true north from Low Point along the 123 49.500' (123 49' 30") longitude line and those waters of Area 29 east of a line projected true north from the mouth of Rasmussen Creek (3.1 miles southeast of Sail Rock).

(2) Green sea urchins: Sea Urchin Districts 1 and 2 are open only on December 14, 15, 16, 21, 22, 23, 26, 28, 29 and 30, 2003. Sea Urchin Districts 3, 4, 6 and 7 are open only on Mondays and Tuesdays of each week. The minimum size for green sea urchins is 2.25 inches (size in largest test diameter exclusive of spines).

(3) Red sea urchins: Sea Urchin Districts 1 and 2 are open only on Monday through Friday of each week. Sea Urchin District 3 is open only on December 18, 19, 22 and 23, 2003. Sea Urchin District 4 is open only on December 18, 2003. The maximum daily landing of red sea urchins allowed in Sea Urchin Districts 3 and 4 is 2,000 pounds per commercial sea urchin license on a valid designated harvest vessel. It is unlawful to harvest red sea urchins smaller or larger than the following size (size in largest test diameter exclusive of spines).

(a) District 1 and 2 - 4.0 minimum to 5.5 maximum inches.

(b) District 3 and 4 - 3.25 minimum to 5.0 maximum inches.

(4) It is unlawful to dive for any purpose from a commercially licensed sea urchin or sea cucumber fishing vessel within the following sea urchin Districts on the following days.

(a) Districts 1 and 2 - Saturdays of each week

(b) Districts 3 and 4 - December 17, 20 and 21, 2003.

(c) Districts 6 and 7 - Saturdays and Sundays of each week.

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REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 220-52-07300H Sea urchins. (03-301)