WSR 11-08-034

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 11-49 -- Filed April 4, 2011, 10:10 a.m. , effective April 6, 2011, 12:01 a.m. ]


Effective Date of Rule: April 6, 2011, 12:01 a.m.

Purpose: Amend commercial fishing rules.

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

Statutory Authority for Adoption: RCW 77.12.047 and 77.04.020.

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: The commercial non-Indian sea cucumber harvest quota share in District 1, the San Juan Island area, is nearing exhaustion. In order to allow continued harvest opportunity and ensure that the area harvest quota is not exceeded, sea cucumber District 1 will close, effective Wednesday, April 6, 2011. Sea cucumber landings reported from District 5, the South Puget Sound area, are sufficient to keep this area open. Districts 2, 3 and 4 remain closed for the 2010-2011 harvest management period. There is insufficient time to adopt 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: April 4, 2011.

Philip Anderson

Director


NEW SECTION
WAC 220-52-07100I   Sea cucumbers.   Notwithstanding the provisions of WAC 220-52-071, effective 12:01 a.m. April 6, 2011, 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 5, seven days per week.

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REPEALER


The following section of the Washington Administrative Code is repealed, effective 11:59 p.m. April 5, 2011.


WAC 220-52-07100H Sea cucumbers. (11-27)

Washington State Code Reviser's Office