EMERGENCY RULES
FISH AND WILDLIFE
Date of Adoption: June 12, 2000.
Purpose: Amend commercial fishing rules.
Citation of Existing Rules Affected by this Order: Amending WAC 220-52-071 and 220-69-240.
Statutory Authority for Adoption: Section 7, chapter 107, Laws of 2000.
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: Harvestable amounts of sea cucumbers are available in all districts and areas listed. Northern San Juan Channel, southwestern Haro Strait, Tatoosh Island, and Argyle Lagoon are closed consistent with state/tribal agreement. Titlow Beach, Octopus Hole, Orchard Rocks, Edmonds Underwater Park, Waketickeh, Colvos Passage, and Sund Rock, are closed to preserve the character of the marine preserves. Eagle Harbor and Sinclair Inlet are closed for health-related reasons. Daily reports of landings are needed to prevent overharvest of allocations in each management region; fish receiving tickets are not received and processed in a manner that permits timely closure of regions. There is insufficient time to promulgate 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0. Effective Date of Rule: June 26, 2000, 6:00 a.m.
June 12, 2000
J. P. Koenings
Director
by Larry Peck
Notwithstanding the provisions of WAC 220-52-071, effective immediately until further notice, it is unlawful to take or possess sea cucumbers taken for commercial purposes except as provided for in this section:
(1) Effective 6:00 a.m. June 26, 2000 until further notice, sea cucumber harvest using shellfish diver gear is allowed in Sea Cucumber District 1 (Marine Fish-Shellfish Management and Catch Reporting Areas 20A, 20B, 21A, 21B, 22A, 22B, and 23B), Sea Cucumber District 2 (Marine Fish-Shellfish Management and Catch Reporting Areas 23A, 23C, 23D, 25A, 25B, 25C, 25D, 25E, and 29), and Marine Fish-Shellfish Management and Catch Reporting Areas 24A, 24B, 24C, 24D, 26A, 26B, 26C, 26D, 27A, 27B, 27C, 28A, 28B, 28C, and 28D Monday, Tuesday, and Wednesday of each week from 6:00 a.m. to one-half hour before official sunset of each day, except for closures as provided for in this section.
(2) The following areas are closed to the harvest of sea cucumbers at all times:
(a) Those waters of Haro Strait north of a line projected east-west one-half mile south of Eagle Point on San Juan Island and south of a line projected east-west one-quarter mile north of Lime Kiln Light on San Juan Island.
(b) Those waters of San Juan Channel and Upright Channel within the following lines: north and west of a line from the northernmost point of Turn Island on San Juan Island to Flat Point on Lopez Island and thence projected from Flat Point true west to Shaw Island, north of a line projected from the northernmost point of Turn Island true west to San Juan Island, west of a line from Neck Point on Shaw Island to Steep Point on Orcas Island, and south of a line from Steep Point on Orcas Island to Limestone Point on San Juan Island.
(c) Tatoosh Island - Those waters within one-quarter mile of Tatoosh Island.
(d) Waketickeh Creek Conservation Area - Waters and bedlands from Waketickeh Creek (located 1,000 yards northeast of Cummings Pt.) out perpendicular to shore 500 yards then parallel to shore northeast 1,700 yards, then back to shore along a line perpendicular to shore, excluding the area within 100 feet of ordinary high water.
(e) Orchard Rocks Conservation Area - Those waters and bedlands of Rich Passage within a 400 yard radius of Orchard Rocks day marker.
(f) Colvos Passage Marine Preserve - Area enclosed by a line starting at extreme low water 300 feet southwest of the southern boundary of Sunrise County Park, Pierce County (latitude 47°20.9'N) due east 300 feet, then southwesterly paralleling the shoreline for 500 feet, then west to the extreme low water line then northeasterly along extreme low water line to point of origin.
(g) The waters of Eagle Harbor west of a line projected from Wing Point to Eagle Harbor Creosote Light Number 1 then due west to the shore on Bainbridge Island.
(h) The waters of Sinclair Inlet west of a line projected southerly from the easternmost point of Point Turner to landfall below the Veteran's Home in Annapolis.
(3) It is unlawful to dive for any purpose from a commercially-licensed fishing vessel, except vessels actively fishing geoducks under contract with the Washington Department of Natural Resources, on June 24 and 25, July 1, 2, 8, 9, 15, 16, 22, 23, 29, and 30, August, 5, 6, 12, 13, 19, 20, 26, and 27, 2000.
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Notwithstanding the provisions of WAC 220-69-240, effective immediately until further notice:
(1) It is unlawful for any wholesale dealer purchasing sea cucumbers from non-treaty sea cucumber fishers to fail to report to the Department each day's purchase by 10:00 a.m. the following day. The report must specify the number of pounds taken by Marine Fish-Shellfish Management and Catch Reporting Area. Either of the following two methods of reporting is acceptable.
(a) By facsimile (FAX) transmission to (360) 586-8408, or
(b) By telephone call to (360) 796-4601, extension 500.
(2) All fish receiving ticket reporting requirements of WAC 220-69-240 remain in effect.
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