WSR 19-20-068
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 19-237—Filed September 26, 2019, 3:44 p.m., effective September 30, 2019]
Effective Date of Rule: September 30, 2019.
Purpose: Puget Sound commercial sea cucumber fishery.
Citation of Rules Affected by this Order: Repealing WAC 220-340-73000R; 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 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 26, 2019.
Kelly Cunningham
for Kelly Susewind
Director
NEW SECTION
WAC 220-340-73000SCommercial sea cucumber fishery.
Notwithstanding the provisions of WAC 220-340-730, effective September 30, 2019, until further notice, 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. The maximum cumulative landing of sea cucumbers for each weekly fishery opening period is 500 pounds per valid designated sea cucumber harvest license in these aforementioned areas of District 1.
(2) Sea cucumber harvest using shellfish diver gear is allowed in the following Marine Fish-Shellfish Catch Reporting Areas of Sea Cucumber District 2, Monday through Sunday of each week: 29, 23A, 23D, and 23C east of a line projected true north from the shoreline at 123 degrees 48.3 minutes west longitude, and west of a line projected true north from the shoreline at 123 degrees 52.7 minutes west longitude. The maximum cumulative landing of sea cucumbers for each weekly fishery opening period is 500 pounds per valid designated sea cucumber harvest license in these aforementioned areas of District 2.
REPEALER
The following section of the Washington Administrative Code is repealed effective September 30, 2019:
WAC 220-340-73000R
Commercial sea cucumber fishery. (19-225)