WSR 97-04-049

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

(Fisheries)

[Order 97-14--Filed January 31, 1997, 2:25 p.m.]

Date of Adoption: January 31, 1997.

Purpose: Commercial fishing regulations.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-52-07300P; and amending WAC 220-52-073.

Statutory Authority for Adoption: RCW 75.08.080.

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: Harvestable amounts of red sea urchins remain in Sea Urchin District 4. Harvestable amounts of green sea urchins remain in Sea Urchin Districts 3 and 4.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 1, amended 0, repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.

Effective Date of Rule: Immediately.

January 31, 1997

Jack Needham

for Bern Shanks

Director

NEW SECTION

WAC 220-52-07300Q Sea urchins. Notwithstanding the provisions of WAC 220-52-073, effective immediately until further notice, it is unlawful to take or possess sea urchins taken for commercial purposes except as provided for in this section:

(1) Red sea urchins: Sea Urchin District 4 is open only on February 3, 1997. The maximum daily landing for a vessel is 500 pounds of red sea urchins in District 4. It is unlawful to harvest red sea urchins larger or smaller than the following size (size in diameter exclusive of the spines): Size limit is 3.25 minimum to 5.0 maximum inches.

(2) Green sea urchins: Sea Urchin Districts 3 and 4 are open only on February 3, 4, 5, and 6, 1997. The minimum size for green sea urchins is 2.25 inches in diameter exclusive of the spines.

(3) It is unlawful for any person to dive for any purpose from a commercially-licensed fishing vessel, designated for use with a sea urchin fishery license, except vessels actively fishing geoducks under contract with the Washington Department of Natural Resources, on the following dates:

February 1 and 2, 1997.

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REPEALER

The following section of the Washington Administrative Code is repealed:

WAC 220-52-07300P Sea urchins (97-11)

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