WSR 06-04-004

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 06-07 -- Filed January 19, 2006, 8:16 a.m. , effective January 19, 2006 ]


     Effective Date of Rule: January 19, 2006.

     Purpose: Amend commercial use fishing rules.

     Citation of Existing Rules Affected by this Order: Repealing WAC 220-52-07300A and 220-52-07300B; 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. Prohibiting transport of urchins from Districts 1 and 2 to other districts will prevent spoiling of product, promote accurate catch accounting, and provide for an orderly fishery. Prohibition of all diving from licensed sea urchin harvest vessels within 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 2.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: January 18, 2006.

J. P. Koenings

Director


NEW SECTION
WAC 220-52-07300B   Sea urchins.   Notwithstanding the provisions of WAC 220-52-073, effective January 19 through January 26, 2006, 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 3, 4, 6 and 7 are open only on Monday through Thursday 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 January 19, 20, 24, 25, and 26, 2006. In Sea Urchin Districts 1 and 2 it is unlawful to harvest red sea urchins smaller than 4.0 inches or larger than 5.5 inches (size in largest test diameter exclusive of spines).

     (3) Red sea urchins harvested in Sea Urchin Districts 1 or 2 must be landed in Sea Urchin Districts 1 or 2.

     (4) It is unlawful to dive for any purpose from a commercially licensed sea urchin fishing vessel on Saturday and Sunday of each week, except by written permission from the Director.

[]


REPEALER

     The following section of the Washington Administrative Code is repealed effective January 19, 2006:


WAC 220-52-07300A Sea urchins. (06-06)

     The following section of the Washington Administrative Code is repealed effective 5:00 p.m. January 26, 2006:


WAC 220-52-07300B Sea urchins. (06-07)