WSR 17-17-017
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Filed August 7, 2017, 3:56 p.m., effective August 7, 2017, 3:56 p.m.]
Effective Date of Rule: Immediately upon filing.
Purpose: Amend commercial sea cucumber rules for Puget Sound.
Citation of Rules Affected by this Order: Repealing WAC 220-340-73000A; and amending WAC 220-340-730.
Statutory Authority for Adoption: RCW 77.04.012, 77.04.020, 77.12.045, 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: This emergency rule closes the sea cucumber harvest in District 5, as the quota will be reached. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: August 7, 2017.
J. W. Unsworth
Director
NEW SECTION
WAC 220-340-73000B Commercial sea cucumber fishery
Notwithstanding the provisions of WAC 220-340-730, 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 Monday through Friday of each week.
(2) Sea cucumber harvest using shellfish diver gear is allowed in the following Marine Fish/Shellfish areas of Sea Cucumber District 2 Monday through Friday of each week: 29, 25A, 25B, 25C, 25D, 25E, 23A, 23D, and 23C. Sea cucumber harvest is not allowed within a closure zone in Area 23C west of a line projected true north from the shoreline at 123 degrees 48.3 minutes west longitude and east of a line projected true north from the shoreline at 123 degrees 52.7 minutes west longitude.
(3) The maximum cumulative landing of sea cucumbers for each weekly fishery opening period is 2,500 pounds per valid designated sea cucumber harvest license.
REPEALER
The following section of the Washington Administrative Code is repealed effective immediately:
WAC 220-340-73000A
Commercial sea cucumber fishery. (17-177)