WSR 05-05-040

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 05-19 -- Filed February 11, 2005, 4:50 p.m. , effective February 14, 2005, 6:00 a.m. ]


     

     Purpose: Amend commercial fishing rules.

     Citation of Existing Rules Affected by this Order: 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 sea cucumber districts listed. Prohibition of all diving within two days of scheduled sea cucumber openings discourages the practice of fishing on closed days and hiding the unlawful catch underwater until the legal opening. 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: February 11, 2005.

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 220-52-07100L   Sea cucumbers.   Notwithstanding the provisions of WAC 220-52-071, effective 6:00 a.m. February 14, 2005 until further notice, it is unlawful to take or possess sea cucumbers taken for commercial purposes except as provided for in this section:

     (1) Sea cucumber harvest using shellfish diver gear is allowed in Sea Cucumber Districts 1, 2 and 5 on Monday, Tuesday and Wednesday of each week. Sea cucumber harvest using shellfish diver gear is allowed in Sea Cucumber District 3 on February 14 and 15, 2005 only.

     (2) It is unlawful to dive for any purpose from a commercially licensed sea cucumber or sea urchin fishing vessel on Saturday and Sunday of each week, except by permission from the Director. Such written permission must be on the harvest vessel and available to authorized Department staff upon request.

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