EMERGENCY RULES
FISH AND WILDLIFE
Date of Adoption: April 15, 2003.
Purpose: Amend commercial fishing regulations.
Citation of Existing Rules Affected by this Order: Amending WAC 220-52-019.
Statutory Authority for Adoption: RCW 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 regulation is necessary to discourage the practice of leaving geoducks on the bottom which are damaged during harvest and improves catch accountability. This also discourages the practice of discarding horse clams which may be inadvertently harvested during geoduck harvest operations. This rule has been adopted by the commission and an emergency rule is necessary until permanent rules take effect.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.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Repealed 0;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Repealed 0;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Repealed 0.
Effective Date of Rule:
Immediately.
April 15, 2003
J. P. Koenings
Director
by Larry Peck
(1) It is unlawful to possess only the siphon or neck portion of a geoduck clam aboard a geoduck vessel, except when a geoduck is incidentially damaged during harvest and must be reported under a department of natural resources harvest agreement.
(2) It is unlawful to retain any food fish or shellfish other than geoduck clams during geoduck harvest operations, except for horse clams (Tresus capax and Tresus nuttallii) when horse clam harvest is provided for under a Department of Natural Resources harvest agreement.
[]