WSR 11-09-076

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 11-70 -- Filed April 19, 2011, 2:23 p.m. , effective April 19, 2011, 2:23 p.m. ]


     Effective Date of Rule: Immediately.

     Purpose: Amend commercial fishing rules.

     Citation of Existing Rules Affected by this Order: Repealing WAC 220-52-07100I and 220-52-07100J; and amending WAC 220-52-071.

     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 sea cucumbers are available in the sea cucumber districts listed. Imposing daily landing limits to the one day opening in District 1 ensures that the area harvest quota share is not exceeded. The 2010-2011 sea cucumber harvest management period concludes after Saturday, April 30, 2011. 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 2.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: April 19, 2011.

Philip Anderson

Director


NEW SECTION
WAC 220-52-07100J   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) Sea cucumber harvest using shellfish diver gear is allowed in Sea Cucumber District 1 on Tuesday, April 26, 2011, only. The maximum daily landing of sea cucumbers allowed in Sea Cucumber District 1 is 500 pounds per valid designated sea cucumber harvest vessel.

     (2) Sea cucumber harvest using shellfish diver gear is allowed in Sea Cucumber District 5 seven days per week.

[]


REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 220-52-07100I Sea cucumbers. (11-49)

     The following section of the Washington Administrative Code is repealed effective 11:59 p.m. April 30, 2011:


WAC 220-52-07100J Sea cucumbers.

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