EMERGENCY RULES
FISH AND WILDLIFE
Date of Adoption: July 27, 2000.
Purpose: Amend commercial fishing rules.
Citation of Existing Rules Affected by this Order: Repealing WAC 220-52-07100N; and amending WAC 220-52-071.
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, and Tatoosh Island are closed consistent with state/tribal agreement. Waketickeh and Colvos Passage are closed to preserve the character of the marine preserves. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0. Effective Date of Rule: Immediately.
July 27, 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 cucumber taken for commercial purposes except as provided for in this section:
(1) Effective 6:00 a.m. July 31, 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) only on Monday, July 31, 2000. Sea cucumber harvest using shellfish diver gear is allowed in Sea Cucumber District 2 (Marine Fish Shellfish Catch Reporting Areas 23A, 23C, 23D, 25A, 25B, 25C, 25D, 25E, and 29), and Marine Fish Shellfish Catch Reporting Areas 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 time:
(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 on 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 areas within 100 feet of ordinary high water.
(e) 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.
(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 Resource, on July 29 and 30, and August 5, 6, 12, 13, 19, 20, 26, and 27, 2000.
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The following section of the Washington Administrative Code is repealed:
| WAC 220-52-07100N | Sea cucumbers. (00-95) |