WSR 16-18-049
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 16-230—Filed August 31, 2016, 11:11 a.m., effective September 5, 2016]
Effective Date of Rule: September 5, 2016.
Purpose: Amend commercial sea cucumber fishing rules.
Citation of Existing Rules Affected by this Order: Repealing WAC 220-52-07100S; and amending WAC 220-52-071.
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: This emergency rule is needed to close sea cucumber harvest in District 2W because the quota has been reached for the season. Harvestable surpluses of sea cucumbers exist in the district 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: August 31, 2016.
J. W. Unsworth
Director
NEW SECTION
WAC 220-52-07100T Sea cucumbers
Notwithstanding the provisions of WAC 220-52-071, effective September 5, 2016, it is unlawful to take or possess sea cucumbers taken for commercial purposes except in the marine fish-shellfish catch reporting areas provided for in this section:
(1) Sea cucumber harvest using shellfish diver gear is allowed in Sea Cucumber District 1 Monday through Friday of each week.
(2) Sea cucumber harvest using shellfish diver gear is allowed in the following areas of Sea Cucumber District 2 Monday through Friday of each week: 25A, B, C, D, and E.
(3) The maximum cumulative landing of sea cucumbers for each weekly fishery opening period is 2,500 pounds per valid designated sea cucumber harvest license. It is permissible for all or any fraction of the maximum 2,500 pound total to be harvested during any legal harvest date within any legal harvest area so long as the cumulative total for the fishery week does not exceed the maximum.
REPEALER
The following section of the Washington Administrative Code is repealed effective September 5, 2016:
WAC 220-52-07100S
Sea cucumbers. (16-210)