WSR 15-16-056 EMERGENCY RULES DEPARTMENT OF FISH AND WILDLIFE [Order 15-229—Filed July 29, 2015, 3:54 p.m., effective August 3, 2015] Effective Date of Rule: August 3, 2015.
Purpose: Amend commercial sea cucumber fishing rules.
Citation of Existing Rules Affected by this Order: Repealing WAC 220-52-07100J; and amending WAC 220-52-071.
Statutory Authority for Adoption: RCW 77.04.012, 77.04.020, and 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 surpluses of sea cucumbers exist in the districts specified to allow for commercial harvest. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: July 29, 2015.
Joe Stohr
for J. W. Unsworth
Director
NEW SECTION
WAC 220-52-07100K Sea cucumbers
Notwithstanding the provisions of WAC 220-52-071, effective August 3, 2015, it is unlawful to take or possess sea cucumbers taken for commercial purposes except from the Sea Cucumber Districts, Marine Fish/Shellfish Catch Reporting Areas and area descriptions as provided for in this section:
(1) Sea cucumber harvest using shellfish diver gear is allowed in the following areas of Sea Cucumber District 1 Monday through Friday of each week: 20A and B, 21A and B, 22A and B.
(2) Sea cucumber harvest using shellfish diver gear is allowed in the following areas of Sea Cucumber District 2 Monday through Friday of each week: 29, 23A, 23D, and 23C east of a line projected true north from the shoreline at 123 degrees 48.3 minutes west longitude, and west of a line projected true north from the shoreline at 123 degrees 52.7 minutes west longitude.
(3) Sea cucumber harvest using shellfish diver gear is allowed in the following areas of Sea Cucumber Districts 1 and 2 Monday through Wednesday of each week: 23B and 25 A, B, C, D, and E.
(4) Sea cucumber harvest using shellfish diver gear is allowed in District 5 Monday through Friday of each week.
(5) The maximum cumulative landing of sea cucumbers for each weekly fishery opening period is 2,500 pounds per valid designated sea cucumber harvest license. It is permissible for all or any fraction of the maximum 2,500 pound total to be harvested during any legal harvest date within any legal harvest area so long as the cumulative total for the fishery week does not exceed the maximum.
REPEALER
The following section of the Washington Administrative Code is repealed effective August 3, 2015:
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