WSR 14-21-151 EMERGENCY RULES DEPARTMENT OF FISH AND WILDLIFE [Order 14-308—Filed October 21, 2014, 1:18 p.m., effective October 21, 2014, 1:18 p.m.] Effective Date of Rule: Immediately upon filing.
Purpose: Amend commercial fishing rules to allow for commercial harvest of sea cucumber.
Citation of Existing Rules Affected by this Order: Repealing WAC 220-52-07100H; and amending WAC 220-52-071.
Statutory Authority for Adoption: RCW 77.04.012, 77.04.020, and 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 surpluses of sea cucumbers exist in the districts specified to allow for commercial harvest. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: October 21, 2014.
Joe Stohr
for Philip Anderson
Director
NEW SECTION
WAC 220-52-07100I 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 in this section:
(1) Sea cucumber harvest using shellfish diver gear is permissible in Sea Cucumber District 1 on Monday through Friday of each week.
(2) The maximum cumulative landing of sea cucumbers for each weekly fishery opening period is 2,000 pounds per valid designated sea cucumber harvest license. It is permissible for all or any fraction of the maximum 2,000 pound total to be harvested during any legal harvest date within any legal harvest area so long as the cumulative total for the fishery week does not exceed the maximum cumulative landing of 2,000 pounds.
REPEALER
The following section of the Washington Administrative Code is repealed:
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