WSR 08-03-079

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 08-11 -- Filed January 15, 2008, 2:31 p.m. , effective January 16, 2008 ]


Effective Date of Rule: January 16, 2008.

Purpose: Amend commercial fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-52-07300U; and amending WAC 220-52-073.

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 red and green sea urchins exist in the areas described. Prohibiting all diving from licensed sea urchin harvest vessels within Sea Urchin Districts 3 and 4 when those vessels have red sea urchin on-board discourages the taking of red urchins from the districts (currently closed to red urchin harvest) and reporting the catch to the adjacent harvest district. Prohibition of all diving from licensed sea urchin harvest vessels within one day of scheduled sea urchin 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: January 15, 2008.

J. P. Koenings

Director


NEW SECTION
WAC 220-52-07300V   Sea urchins.   Notwithstanding the provisions of WAC 220-52-073, effective January 16, 2008 until further notice, it is unlawful to take or possess sea urchins taken for commercial purposes except as provided for in this section:

(1) Red sea urchins: Sea Urchin Districts 1 and 2 are open only on Sunday through Friday of each week. In Sea Urchin Districts 1 and 2 it is unlawful to harvest red sea urchins smaller than 4.0 inches or larger than 5.5 inches (size in largest test diameter exclusive of spines).

(2) Green sea urchins: Sea Urchin Districts 1 and 2 are open only on January 16, 2008. Sea Urchin Districts 3, 4, 6 and 7 are open only on Sunday through Friday of each week. The minimum size for green sea urchins is 2.25 inches (size in largest test diameter exclusive of spines).

(3) It is unlawful to dive for any purpose from a commercially licensed sea urchin fishing vessel in Sea Urchin Districts 3 and 4 when the vessel has red sea urchins on-board.

(4) It is unlawful to dive for any purpose from a commercially licensed sea urchin fishing vessel on Saturday of each week, except by written permission from the Director.

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REPEALER


The following section of the Washington Administrative Code is repealed effective January 16, 2008:


WAC 220-52-07300U Sea urchins. (08-06)

Washington State Code Reviser's Office