WSR 19-21-019
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 19-249—Filed October 4, 2019, 2:53 p.m., effective October 7, 2019]
Effective Date of Rule: October 7, 2019.
Purpose: Amend Puget Sound commercial sea cucumber rules.
Citation of Rules Affected by this Order: Repealing WAC 220-340-73000S; 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 is necessary to close the Puget Sound commercial sea cucumber fishery in Sea Cucumber Management District 2-1 (23A, 23C, 23D, 29) and increase the weekly trip limit in Management District 1 (20A, 20B, 21A, 21B, 22A, 22G [22B]). The quota for Sea Cucumber Management District 2-1 is expected to be reached by Sunday, October 6, 2019. A harvestable surplus of sea cucumbers remain in Management District 1. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: October 4, 2019.
Amy H. Windrope
for Kelly Susewind
Director
NEW SECTION
WAC 220-340-73000TCommercial sea cucumber fishery.
Notwithstanding the provisions of WAC 220-340-730, effective October 7, 2019, 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 Monday through Sunday of each week in the following Marine Fish- Shellfish Catch Reporting Areas of Sea Cucumber District 1: 20A, 20B, 21A, 21B, 22A, and 22B.
(2) The maximum cumulative landing of sea cucumbers for each weekly fishery opening period is 1000 pounds per valid designated sea cucumber harvest license.
REPEALER
The following section of the Washington Administrative Code is repealed effective October 7, 2019:
WAC 220-340-73000S
Commercial sea cucumber fishery. (19-237)