WSR 05-22-026

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 05-254 -- Filed October 25, 2005, 2:30 p.m. , effective October 25, 2005 ]


     

     Purpose: Amend fishing rules.

     Citation of Existing Rules Affected by this Order: Amending WAC 220-12-090.

     Statutory Authority for Adoption: RCW 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: Invasive tunicates have been found in several locations in Puget Sound. These rules classify two species of solitary tunicates are prohibited aquatic species, and allow for removal under a rapid response plan. These emergency rules will be in effect while permanent rules are being promulgated.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: October 24, 2005.

J. P. Koenings

Director

Larry Peck


NEW SECTION
WAC 220-12-09000B   Prohibited aquatic species -- Invasive tunicates.   Notwithstanding the provisions of WAC 220-12-090, the following invasive species of tunicates are classified as prohibited aquatic species:

     (1) Family Styela: the rough or leathery sea squirt, Styela clava.

     (2) Family Cionidae: Ciona savignyi

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NEW SECTION
WAC 220-77-10000A   Invasive tunicate rapid response plan.   (1) The provisions of this section apply to the invasive tunicate species Styela clava and Ciona savignyi.

     (2) It is lawful to remove these tunicates from all state waters in unlimited quantities. The preferred method of removal is scraping the animal off the substrate, keeping the base intact. If this is impracticable, cutting the base as close to the substrate as possible and removal of the whole animal is acceptable.

     (3) Once specimens of these tunicate has been separated from the substrate, every effort should be made to remove the animal from the water. It is unlawful to simply scrape or cut the animal free from the substrate and release the animal into the water.

     (4) Specimens of these tunicates that have been removed from the water must be disposed of at an upland site. While delivery to a landfill or burial above the higher-high water line is preferred, any disposal that will not allow reintroduction of these tunicates into marine waters is acceptable. It is unlawful to reintroduce the tunicates into the water.

     (5) It is lawful to possess specimens of these tunicates for identification purposes, provided that they have been chemically preserved. Except for removal to an upland disposal site, it is unlawful to possess live specimens of these tunicates. This subsection does not apply to live specimens of these tunicates taken under a scientific collection permit.

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