WSR 16-18-054 EMERGENCY RULES DEPARTMENT OF FISH AND WILDLIFE [Order 16-231—Filed August 31, 2016, 1:29 p.m., effective August 31, 2016, 1:29 p.m.] Effective Date of Rule: Immediately upon filing.
Purpose: Amend commercial fishing rules for Puget Sound scallops.
Citation of Existing Rules Affected by this Order: Amending WAC 220-52-069.
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: A harvestable surplus of pink and spiny scallops exists in the areas specified in Puget Sound to allow for commercial harvest. This emergency rule is needed because by permanent rule it is unlawful to take or possess pink or spiny scallops for commercial purposes, except during open scallop harvest seasons from open shellfish management areas as provided by emergency rule.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 220-52-06900K Commercial scallop fishery—Puget Sound
Notwithstanding the provisions of WAC 220-52-069, effective immediately until further notice, it is unlawful to take or possess pink or spiny scallops taken for commercial purposes except as provided for in this section:
(1) It is unlawful to fish for, take, or possess pink or spiny scallops with shellfish dive gear without a commercial scallop dive fishery license holder on board the designated harvest vessel.
(2) Pink or spiny scallop harvest using shellfish diver gear is allowed in Scallop Area 1, which is defined as the waters of marine fish - shellfish catch reporting areas 20A and 20B within the following boundaries: Point Doughty east along the shoreline of Orcas Island to Lawrence Point, then true north to 48° 42' 28" N latitude, 122° 44' 29" W longitude, then northwest to 48° 47' 18" N latitude, 122° 48' 8" W longitude, then northwest to 48° 50' 4" N latitude, 122° 50' 24" W longitude, then southwest to 48° 49' 46" N latitude, 122° 51' 59" W longitude, then southwest to 48° 46' 4" N latitude, 122° 57' 3" W longitude, then true south back to Point Doughty, except within 100 feet of any shoreline, or shallower than 30 feet below mean lower low water, whichever is further from shore, and within 2500 feet from the shoreline of Orcas Island between Point Doughty and Point Thompson, and those waters of Echo Bay, Sucia Island west of a line projected from Johnson Point to the southeast tip of Ewing Island. Pink or spiny scallop harvest using shellfish diver gear is also allowed in Washington Department of Health (DOH) Approved Commercial Shellfish Growing Areas of Marine Fish/Shellfish Catch Reporting Areas 20A, 20B, 21A, 21B, 22A, 22B, 23A, 23B and 25A.
(3) It is unlawful for more than two divers from a harvest vessel to be in the water at any one time during pink or spiny scallop harvest operations or when commercial quantities of pink or spiny scallops are on board the vessel.
(4) It is unlawful to possess any other species of commercial shellfish during pink or spiny scallop harvest operations, or possess any other species of commercial shellfish on a vessel that has pink or spiny scallops on board.
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