WSR 24-02-027
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 23-273—Filed December 22, 2023, 1:38 p.m., effective January 1, 2024]
Effective Date of Rule: January 1, 2024.
Purpose: The purpose of this emergency rule is to open commercial red sea urchin harvest seasons.
Citation of Rules Affected by this Order: Repealing WAC 220-340-75000B; 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: This emergency rule opens harvest of red sea urchins in Sea Urchin Districts 1, 2, 3, and 4 on January 1, 2024. The red urchin quota for each district follows comanager agreement in a signed plan. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: December 22, 2023.
Kelly Susewind
Director
NEW SECTION
WAC 220-340-75000CCommercial sea urchin fisheries.
Effective January 1, 2024, until further notice, the provisions of WAC 220-340-750 regarding commercial harvest of sea urchins shall be modified as described below. All other provisions of WAC 220-340-750 not addressed herein remain in effect unless otherwise amended by emergency rule:
(1) It is unlawful for any person to fish for, take, or possess for commercial purposes any green sea urchins less than 2.25 inches; or red sea urchins measuring less than 3.25 inches or greater than 5 inches. All measurements are caliper measurements of the largest shell (test) diameter, exclusive of the spines.
(2) The following areas are open for red sea urchin harvest only, seven days-per-week: Sea Urchin District 1, District 2, District 3, District 4.
(3) The following areas are open for green sea urchin harvest only, seven days-per-week: Sea Urchin District 1, District 3, District 4.
(4) The maximum cumulative landings for red sea urchins and green sea urchins for each weekly fishery opening period is 1,500 pounds per species per valid designated sea urchin harvest license.
REPEALER
The following section of the Washington Administrative Code is repealed effective January 1, 2024:
WAC 220-340-75000B
Commercial sea urchin fisheries. (23-269)