WSR 02-02-087

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 01-292 -- Filed December 31, 2001, 3:58 p.m. , effective January 2, 2002 ]

Date of Adoption: December 31, 2001.

Purpose: Amend commercial fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-52-07300N and 220-52-07300P; and amending WAC 220-52-073.

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: Harvestable amounts of red and green sea urchins exist in the areas described. Prohibition of all diving within two days of scheduled sea urchin openings discourages the practice of fishing on closed days and hiding the unlawful catch underwater until the legal opening. The closures at Eagle Harbor and Sinclair Inlet protect public health and promote an orderly fishery. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 2.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: January 2, 2002.

December 31, 2001

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 220-52-07300Q   Sea urchins.   Notwithstanding the provisions of WAC 220-52-073, effective January 2, 2002 until further notice, it is unlawful to take or possess sea urchins taken for commercial purposes except as provided for in this section:

(1) Green sea urchins: Sea Urchin Districts 1, 2, and Marine Fish/Shellfish Management and Catch Reporting Areas 24A, 24B, 24C, 24D, 26B, 26C, 26D, and 28A, are open only on January 2 and 3, 2002. Sea Urchin District 4 is open only on January 2, 2002. Sea Urchin District 3 is open only on January 3, 2002. The minimum size for green sea urchins is 2.25 inches (size in largest test diameter exclusive of the spines).

(2) Red sea urchins: Sea Urchin Districts 1 and 2 are open only on January 2 and 3, 2002. Sea Urchin District 4 is open only on January 2, 2002. Sea Urchin District 3 is open only on January 3, 2002. The maximum daily landing for a vessel in Sea Urchin District 3 on January 3, 2002 is 1,200 pounds of red sea urchins. It is unlawful to harvest red sea urchins larger or smaller than the following size (size in largest test diameter exclusive of spines).

(a) Districts 1 and 2 - 4.0 minimum to 5.5 maximum inches.

(b) Districts 3 and 4 - 3.25 minimum to 5.0 maximum inches.

(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 December 31, 2001 and January 1, 2002.

(4) The following areas are closed to the harvest of sea urchins at all times:

(a) Those 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.

(b) The waters of Sinclair Inlet west of a line projected southerly from the easternmost point of Point Turner to landfall directly below the Veteran's Home in Annapolis.

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REPEALER


The following sections of the Washington Administrative Code are repealed effective January 2, 2002:


WAC 220-52-07300N Sea urchins. (01-280)
WAC 220-52-07300P Sea urchins. (01-290)

Washington State Code Reviser's Office