WSR 19-20-007
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 19-225—Filed September 19, 2019, 10:31 a.m., effective September 23, 2019]
Effective Date of Rule: September 23, 2019.
Purpose: Closes the commercial harvest of sea cucumbers in Puget Sound.
Citation of Rules Affected by this Order: Repealing WAC 220-340-73000Q; and amending WAC 220-340-730.
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 necessary to open the Puget Sound commercial sea cucumber fishery in Sea Cucumber Management District 1 (20A, 20B, 21A, 21B, 22A, 22B). This emergency rule is necessary to close the Puget Sound commercial sea cucumber fishery in Sea Cucumber Management District 2-1 (23A, 23C, 23D, 29). Harvestable surpluses of sea cucumbers remain [in] these areas. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: September 19, 2019.
Kelly Susewind
Director
[NEW SECTION]
WAC 220-340-73000RCommercial sea cucumber fishery.
Notwithstanding the provisions of WAC 220-340-730, effective September 23, 2019, 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 the following Marine Fish-Shellfish Catch Reporting Areas of Sea Cucumber District 1, Monday through Sunday of each week: 20A, 20B, 21A, 21B, 22A, and 22B.
(2) The maximum cumulative landing of sea cucumbers for each weekly fishery opening period is 500 pounds per valid designated sea cucumber harvest license.
Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.
REPEALER
The following section of the Washington Administrative Code is repealed effective September 23, 2019:
WAC 220-340-73000Q
Sea cucumbers. (19-215)