WSR 11-20-015

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 11-252 -- Filed September 22, 2011, 1:45 p.m. , effective September 22, 2011, 1:45 p.m. ]


Effective Date of Rule: Immediately.

Purpose: Amend commercial fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-52-07100N and 220-52-07100P; 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: Harvestable amounts of sea cucumbers are available in the sea cucumber district listed. Limiting daily landing amounts for harvest in Sea Cucumber District 1 is necessary to ensure that the area harvest quota share amount is not exceeded. It is anticipated that following this harvest opening, the harvest quota share available in Sea Cucumber District 1 will be exhausted, and that the commercial non-Indian sea cucumber fishery will be closed for the 2011-2012 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 2.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: September 22, 2011.

Philip Anderson

Director


NEW SECTION
WAC 220-52-07100P   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, September 26, 2011, only. The maximum daily landing of sea cucumbers allowed in Sea Cucumber District 1 is 400 pounds per valid designated sea cucumber harvest license.

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REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 220-52-07100N Sea cucumbers. (11-182)

The following section of the Washington Administrative Code is repealed effective 7:29 p.m. September 26, 2011:


WAC 220-52-07100P Sea cucumbers.

Washington State Code Reviser's Office