WSR 10-04-063

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 10-18 -- Filed January 29, 2010, 3:36 p.m. , effective February 1, 2010 ]


     Effective Date of Rule: February 1, 2010.

     Purpose: Amend commercial fishing rules.

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

     Statutory Authority for Adoption: RCW 77.12.047 and 77.04.020.

     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 District 3 when those vessels have red sea urchins on-board discourages the taking of red urchins from the district (currently closed to red urchin harvest) and reporting the catch to an adjacent harvest district. Prohibiting transport of urchins from Districts 1 and 2 to other districts will prevent spoiling of product, promote accurate catch accounting, and provide for an orderly fishery. 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 29, 2010.

Philip Anderson

Director


NEW SECTION
WAC 220-52-07300M   Sea urchins.   Notwithstanding the provisions of WAC 220-52-073, effective February 1, 2010 until further notice, it is unlawful to take or possess sea urchins taken for commercial purposes except as provided for in this section:

     (1) Green sea urchins: Sea Urchin Districts 3, 4, 6, and 7 are open seven days per week.

     (2) Red sea urchins: Sea Urchin Districts 1, 2, and 4 are open seven days per week.

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

     (4) Red sea urchins harvested in Sea Urchin Districts 1 and 2 must be landed within Sea Urchin Districts 1 and 2.

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REPEALER


     The following section of the Washington Administrative Code is repealed effective February 1, 2010:


WAC 220-52-07300L Sea urchins. (10-12)

© Washington State Code Reviser's Office