WSR 22-16-076
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 22-156—Filed July 29, 2022, 4:13 p.m., effective August 1, 2022]
Effective Date of Rule: August 1, 2022.
Purpose: Amends rules for Puget Sound commercial sea cucumber.
Citation of Rules Affected by this Order: 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 opens harvest of sea cucumber in Sea Cucumber Management Districts 1, 2-1, 2-2, and 5 (Catch Reporting Areas 28A, 28B, 28C, 28D). Harvestable surpluses of sea cucumber exist in these specified districts, based on scientific surveys and stock assessment review among biologists outside of areas closed to harvest. This opener is pursuant to fulfill obligations of state and tribal comanager agreements. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: July 29, 2022.
Amy H. Windrope
for Kelly Susewind
Director
NEW SECTION
WAC 220-340-73000BSea cucumbers.
Effective August 1, 2022 and until further notice, or until this rule expires on November 24, 2022 pursuant to RCW 34.05.350, the following provisions of WAC 220-340-730 regarding Puget Sound commercial sea cucumber harvest and sales shall be described below. All other provisions of WAC 220-340-730 not addressed herein, and unless otherwise amended, remain in effect:
(1) Sea cucumber harvest using shellfish diver gear is allowed in Sea Cucumber Districts 1, 2-1, and 2-2 Monday through Sunday of each week.
(2) Sea cucumber harvest using shellfish diver gear is allowed in the following catch reporting areas of Sea Cucumber District 5, Monday through Sunday of each week: 28A, 28B, 28C, and 28D.
(3) The maximum cumulative landing of sea cucumbers for each weekly fishery opening period is 1,800 pounds per valid designated sea cucumber harvest license.