WSR 15-01-057 EMERGENCY RULES DEPARTMENT OF FISH AND WILDLIFE [Order 14-338—Filed December 10, 2014, 4:14 p.m., effective December 10, 2014, 4:14 p.m.] Effective Date of Rule: Immediately upon filing.
Purpose: Amend commercial fishing rules for sea urchins.
Citation of Existing Rules Affected by this Order: Repealing WAC 220-52-07300K; and amending WAC 220-52-073.
Statutory Authority for Adoption: RCW 77.04.012, 77.04.020, and 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 surpluses of green and red sea urchins exist in the districts specified to allow for commercial harvest. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: December 10, 2014.
Philip Anderson
Director
NEW SECTION
WAC 220-52-07300L Sea urchins
Notwithstanding the provisions of WAC 220-52-073, effective immediately until further notice, it is unlawful to take or possess sea urchins taken for commercial purposes except as provided for in this section:
(1) Red sea urchins: Sea Urchin Districts 1, 2 and 4 are open seven days-per-week. It is unlawful to harvest red sea urchins smaller than 3.25 inches or larger than 5.0 inches (size is largest test diameter exclusive of spines).
(2) Green sea urchins: Sea Urchin Districts 1, 2, 3 and 4 are open seven days-per-week. It is unlawful to harvest green sea urchins smaller than 2.25 inches (size is largest test diameter exclusive of spines).
(3) It is unlawful to dive for any purpose from a commercially licensed sea urchin fishing vessel in Sea Urchin District 3 when the vessel has red sea urchins on-board.
REPEALER
The following section of the Washington Administrative Code is repealed:
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