WSR 03-02-046

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 02-308 -- Filed December 24, 2002, 1:40 p.m. , effective December 25, 2002, 12:01 a.m. ]

Date of Adoption: December 24, 2002.

Purpose: Amend commercial fishing rules.

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

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 red and green sea urchins exist in the areas described. Prohibition of all diving within one or two days of scheduled sea urchin 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: December 25, 2002, 12:01 a.m.

December 24, 2002

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 220-52-07300A   Sea urchins.   Notwithstanding the provisions of WAC 220-52-073, effective December 25, 2002 until further notice, it is unlawful to take or possess sea urchins taken for commercial purposes except as provided for in this section:

(1) Green sea urchins: Sea Urchin Districts 1, 2, 3, and 4 are open only on Mondays, Tuesdays and Fridays of each week. Sea Urchin Districts 6 and 7 are open only on Mondays, Tuesdays, Fridays and Saturdays of each week. The minimum size for green sea urchins is 2.25 inches (size in largest test diameter exclusive of spines).

(2) Red sea urchins: Sea Urchin Districts 1 and 2 are open only on Monday through Friday of each week. Sea Urchin District 3 is open only on December 27, 2002. It is unlawful to harvest red sea urchins smaller or larger than the following size (size in largest test diameter exclusive of the spines).

(a) District 1 and 2 - 4.0 minimum to 5.5 maximum inches.

(b) District 3 - 3.25 minimum to 5.0 maximum inches.

(3) 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 within the following sea urchin Districts on the following days.

(a) District 1 and 2 - Saturdays and Sundays of each week

(b) District 3 - December 25 and 26, 2002.

(c) District 6 and 7 - Wednesdays, Thursdays and Sundays of each week.

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REPEALER


The following section of the Washington Administrative Code is repealed effective 12:01 a.m. December 25, 2002:


WAC 220-52-07300Z Sea urchins. (02-296)

Washington State Code Reviser's Office