WSR 18-15-011
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 18-153—Filed July 6, 2018, 1:56 p.m., effective July 6, 2018, 1:56 p.m.]
Effective Date of Rule: Immediately upon filing.
Purpose: Amend Puget Sound commercial scallop rules.
Citation of Rules Affected by this Order: Amending WAC 220-340-610.
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: Department of health has closed the Burrows Bay growing area due to high paralytic shellfish poisoning test results, a harvestable surplus of pink and spiny scallops exists in the areas specified, and small landings for the purpose of public health testing should be allowed in approved and restricted growing areas during summer months. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: July 6, 2018.
Joe Stohr
Director
NEW SECTION
WAC 220-340-61000ECommercial scallop fishery—Puget Sound.
Notwithstanding the provisions of WAC 220-340-610, 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) Pink or spiny scallop harvest is limited to 10 pounds per day for the sole purpose of submitting a sample to the Washington Department of Health for public health testing.
(2) 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.
(3) Pink or spiny scallop harvest using shellfish diver gear, for the purpose of public health testing, is allowed in Washington Department of Health (DOH) Approved and Restricted Commercial Shellfish Growing Areas of Marine Fish/Shellfish Catch Reporting Areas 20A, 20B, 21A, 21B, 22A, 22B, 23A, 23B, 25A and 25B.
(4) 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.