WSR 12-06-015

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 12-26 -- Filed February 27, 2012, 4:25 p.m. , effective February 28, 2012 ]


Effective Date of Rule: February 28, 2012.

Purpose: Amend commercial fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-52-07300Y; 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: The non-Indian share of the 2011-2012 red sea urchin harvest quota has been reached in Sea Urchin Districts 1 and 2, the combined San Juan Island urchin management area. Harvestable amounts of red and green sea urchins exist in the remaining areas described. Prohibiting all diving from licensed sea urchin harvest vessels within Sea Urchin District 3 when those vessels have red sea urchin on-board discourages the taking of red urchins from the district (currently closed to red urchin harvest) and reporting the catch to the adjacent harvest district. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: February 27, 2012.

Philip Anderson

Director


NEW SECTION
WAC 220-52-07300Z   Sea urchins   Notwithstanding the provisions of WAC 220-52-073, effective February 28, 2012 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 1, 2, 3, and 4 are open seven days-per-week.

(2) Red sea urchins: Sea Urchin District 4 is 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.

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REPEALER


The following section of the Washington Administrative Code is repealed effective February 28, 2012:


WAC 220-52-07300Y Sea urchins. (12-16)

Washington State Code Reviser's Office