WSR 02-16-012

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 02-169 -- Filed July 25, 2002, 3:19 p.m. , effective July 29, 2002, 6:00 a.m. ]

Date of Adoption: July 25, 2002.

Purpose: Amend commercial fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-52-07100W; and amending WAC 220-52-071.

Statutory Authority for Adoption: RCW 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: Harvestable amounts of sea cucumbers are available in sea cucumber districts listed. Prohibition of all diving within two days of scheduled sea cucumber openings discourages the practice of fishing on closed days and hiding the unlawful catch underwater until the legal opening. There is insufficient time to promulgate 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: July 29, 2002, 6:00 a.m.

July 25, 2002

J. P. Koenings

Director


NEW SECTION
WAC 220-52-07100X   Sea cucumbers.   Notwithstanding the provisions of WAC 220-52-071, effective immediately until further notice, it is unlawful to take or possess sea cucumbers taken for commercial purposes except as provided for in this section:

(1) Effective 6:00 a.m. July 29, 2002 until further notice, sea cucumber harvest using shellfish diver gear is allowed in Sea Cucumber Districts 1, 2, 4 and 5 on Monday, Tuesday and Wednesday of each week from 6:00 a.m. to one-half hour before official sunset of each day.

(2) Effective 6:00 a.m. July 29, 2002, sea cucumber harvest using shellfish diver gear is allowed in Sea Cucumber District 3 on Monday July 29, and Tuesday July 30, 2002 from 6:00 a.m. to one-half hour before official sunset of each day, except for closures as provided for in this emergency rule.

(3) The following areas are closed to the harvest of sea cucumbers at all times:

(a) The waters of Eagle Harbor west of a line projected from Wing Point to Eagle Harbor Creosote Light Number 1 then due west to the shore on Bainbridge Island.

(b) The waters of Sinclair Inlet west of a line projected southerly from the easternmost point of Point Turner to landfall below the Veteran's Home in Annapolis.

(4) It is unlawful to dive for any purpose from a commercially-licensed fishing vessel, except vessels actively fishing geoducks under contract with the Washington Department of Natural Resources, on August 3, 4, 10, 11, 17, 18, 24, and 25, 2002.

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REPEALER

The following section of the Washington Administrative Code is repealed effective 6:00 a.m. July 29, 2002:


WAC 220-52-07100W Sea cucumbers. (02-140)

Washington State Code Reviser's Office