WSR 17-20-014
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 17-256—Filed September 22, 2017, 2:34 p.m., effective October 2, 2017]
Effective Date of Rule: October 2, 2017.
Purpose: Amends the rules for commercial sea urchin season.
Citation of Rules Affected by this Order: Amending WAC 220-340-750.
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: This emergency rule is needed to open the commercial sea urchin season because harvestable surpluses of sea urchin exist in the districts specified. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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, 2017.
J. W. Unsworth
Director
NEW SECTION
WAC 220-340-75000A Commercial sea urchin fisheries.
Notwithstanding the provisions of WAC 220-340-750, effective October 2, 2017, until further notice, it is unlawful to take or possess sea urchins taken for commercial purposes except as provided for in this section:
(1) The following areas are open for red sea urchin harvest seven days-per-week: Sea Urchin District 1, District 2, District 3, and District 4. This excludes the closed area between Districts 3 and 4, specifically the area between a line projected true north from the shoreline at 123 degrees 48.3 minutes west longitude and a line projected true north from the shoreline at 123 degrees 52.7 minutes west longitude. It is unlawful to harvest red sea urchins smaller than 3.25 inches or larger than 5.0 inches (size is largest test diameter exclusive of spines).
(2) The following areas are open for green sea urchin harvest seven days-per-week: Sea Urchin District 1, District 2, District 3, District 4, District 6, and District 7. This excludes the closed area between Districts 3 and 4, specifically the area between a line projected true north from the shoreline at 123 degrees 48.3 minutes west longitude and a line projected true north from the shoreline at 123 degrees 52.7 minutes west longitude. Also excluded are all waters of Hale Passage and Wollochet Bay within the following lines: west of a line projected true south from the shoreline near Point Fosdick at 122° 35 minutes west longitude to 47° 14 minutes north latitude, and thence projected true west to the shoreline of Fox Island, and east of a line projected true south from the shoreline near Green Point at 122° 41 minutes west longitude to 47° 16.5 minutes north latitude, and thence projected true east to the shoreline of Fox Island. It is unlawful to harvest green sea urchins smaller than 2.25 inches (size is largest test diameter exclusive of spines).
(3) The maximum cumulative landings for red and green sea urchins for each weekly fishery opening period is 2,000 pounds per species per valid designated sea urchin harvest license. Each fishery week begins Monday and ends Sunday.