WSR 05-07-083

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 05-48 -- Filed March 15, 2005, 4:40 p.m. , effective March 15, 2005 ]


Purpose: Amend commercial fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-52-07100P and 220-52-07100Q; 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 District 5. All other sea cucumber harvest districts have been closed for the 2004-2005 harvest season. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 2.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: March 15, 2005.

Evan Jacoby

or Jeff Koenings

Director


NEW SECTION
WAC 220-52-07100Q   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) Sea cucumber harvest using shellfish diver gear is allowed in Sea Cucumber District 5 on Wednesday, March 16, 2005 only. The maximum daily landing of sea cucumbers allowed in Sea Cucumber District 5 is 750 pounds per commercial sea cucumber license on a valid designated harvest vessel.

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REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 220-52-07100P Sea cucumbers. (05-44)

The following section of the Washington Administrative Code is repealed effective March 17, 2005:


WAC 220-52-07100Q Sea cucumbers.

Washington State Code Reviser's Office