WSR 04-05-045

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 04-24 -- Filed February 12, 2004, 2:44 p.m. ]

Date of Adoption: February 12, 2004.

Purpose: Amend commercial fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-52-07100E; and amending WAC 220-52-071.

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: Commercial sea cucumber harvest in the Hood Canal (Sea Cucumber District 4) has been suspended indefinitely due to a persistent water quality issue which has a potential negative impact for resident sea cucumber stocks. Harvestable amounts of sea cucumbers are available in the remaining sea cucumber districts listed. Prohibition of all diving within two days of scheduled sea cucumber openings 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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

February 12, 2004

J. P. Koenings

Director


NEW SECTION
WAC 220-52-07100F   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 1 on Monday through Friday of each week. Sea cucumber harvest using shellfish diver gear is allowed in Sea Cucumber District 2 and Sea Cucumber District 5 on Monday, Tuesday and Wednesday of each week.

(2) It is unlawful to dive for any purpose from a commercially licensed sea cucumber or sea urchin fishing vessel on Saturdays and Sundays of each week.

[]


REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 220-52-07100E Sea cucumbers. (04-15)

Legislature Code Reviser 

Register

Washington State Code Reviser's Office