WSR 15-22-008 EMERGENCY RULES DEPARTMENT OF FISH AND WILDLIFE [Order 15-396—Filed October 22, 2015, 1:09 p.m., effective October 26, 2015] Effective Date of Rule: October 26, 2015.
Purpose: Amend commercial sea cucumber fishing rules.
Citation of Existing Rules Affected by this Order: Repealing WAC 220-52-07100M; and amending WAC 220-52-071.
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: A closure is needed in Sea Cucumber District 1 to avoid overharvest of the quota. Harvestable surpluses of sea cucumbers remain in Districts 2W and 5 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: October 22, 2015.
Craig C. Burley
for J. W. Unsworth
Director
NEW SECTION
WAC 220-52-07100N Sea cucumbers
Notwithstanding the provisions of WAC 220-52-071, effective October 26, 2015, until further notice, 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 Sea Cucumber District 5 Monday through Friday of each week.
(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.
REPEALER
The following section of the Washington Administrative Code is repealed effective October 26, 2015:
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