WSR 10-04-064

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 10-20 -- Filed January 29, 2010, 3:36 p.m. , effective February 1, 2010 ]


     Effective Date of Rule: February 1, 2010.

     Purpose: Amend commercial fishing rules.

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

     Statutory Authority for Adoption: RCW 77.12.047 and 77.04.020.

     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 the sea cucumber districts listed. Limiting vessel landings amounts for proposed harvest opening dates in Sea Cucumber District 2 is necessary to ensure that the area harvest quota share amount is not exceeded. There is insufficient time to adopt 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

     Date Adopted: January 29, 2010.

Philip Anderson

Director


NEW SECTION
WAC 220-52-07100B   Sea cucumbers.   Notwithstanding the provisions of WAC 220-52-071, effective February 1, 2010, 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 Districts 1 and 5 seven days a week.

     (2) Sea cucumber harvest using shellfish diver gear is allowed in Sea Cucumber District 3 only on Monday, Tuesday, and Wednesday of each week.

     (3) Sea cucumber harvest using shellfish diver gear is allowed in Sea Cucumber District 2 on February 1 and 2, 2010, only. The maximum total combined vessel landings amount for February 1 and 2, 2010, for Sea Cucumber District 2 shall not exceed 1,500 pounds of split-drained sea cucumber for each valid designated sea cucumber vessel.

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REPEALER


     The following section of the Washington Administrative Code is repealed effective February 1, 2010:


WAC 220-52-07100A Sea cucumbers. (09-225)

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