WSR 18-05-069
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 18-23—Filed February 16, 2018, 12:48 p.m., effective February 16, 2018, 12:48 p.m.]
Effective Date of Rule: Immediately upon filing.
Purpose: Amend commercial sea urchin harvest rules.
Citation of Rules Affected by this Order: Repealing WAC 220-340-75000C; and amending WAC 220-340-750.
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: There are no active harvesters remaining for green sea urchins in Districts 6 and 7. This emergency rule is needed to close the commercial season for green sea urchins in these districts. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: February 16, 2018.
Joe Stohr
Acting Director
NEW SECTION
WAC 220-340-75000D Sea urchins
Notwithstanding the provisions of WAC 220-340-750, effective immediately, it is unlawful to take or possess sea urchins taken for commercial purposes except as provided for in this section:
(1) The following areas are open for red sea urchin harvest seven days-per-week: marine fish/shellfish catch areas 23B, 25A, and 25B in Sea Urchin District 2, Sea Urchin District 4 west of a line projected true north from the shoreline at 123 degrees 52.7 minutes west longitude. It is unlawful to fish for, take, or possess red sea urchins smaller than 3.25 inches or larger than 5.0 inches (size is largest test diameter exclusive of spines). 
(2) The maximum cumulative landings for red and green sea urchins for each weekly fishery opening period is 1,500 pounds per species per valid designated sea urchin harvest license. Each fishery week begins Monday and extends through Sunday.
REPEALER
The following section of the Washington Administrative Code is repealed:
WAC 220-340-75000C
Commercial sea urchin fisheries. (18-19)