WSR 04-20-007

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 04-258 -- Filed September 23, 2004, 1:27 p.m. , effective September 27, 2004, 6:00 a.m. ]


     

     Purpose: Amend commercial 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 77.12.047.

     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 amounts of sea cucumbers are available in the sea cucumber district listed. Prohibition of all diving prior to scheduled sea cucumber openings discourages the practice of fishing on closed days and hiding the unlawful catch underwater until the legal opening. Diving prohibition days have been made to match those of the commercial sea urchin fishery. There is insufficient time to promulgate 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: September 22, 2004.

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 220-52-07100K   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) Effective 6:00 a.m. September 27, 2004 until further notice, sea cucumber harvest using shellfish diver gear is allowed in Sea Cucumber District 5 on Monday and Tuesday of each week.

     (2) It is unlawful to dive for any purpose from a commercially licensed sea urchin or sea cucumber fishing vessel on Fridays and Saturdays of each week.

[]


REPEALER


     The following section of the Washington Administrative Code is repealed effective 6:00 a.m. September 27, 2004:


WAC 220-52-07100J Sea cucumbers. (04-214)

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