Date Adopted: December 26, 2003.

     Purpose: Amend commercial fishing rules.

     Citation of Existing Rules Affected by this Order: Repealing WAC 220-52-07300I; 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 one or 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. Specifically expressing the boundary between Sea Urchin Districts 3 and 4, in terms of geographic longitudinal position, aids in the enforceability of harvest openings and assures that proper catch allocation occurs for each of the districts harvest quotas. 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: December 27, 2003.

December 26, 2003

Jacalyn M. Hursey

for Jeff Koenings

Director

     (1) Sea urchin districts:

     (a) Sea Urchin District 3 (Port Angeles) is defined as those waters of Marine Fish-Shellfish Management and Catch Reporting Area 23C east of a line projected true north from Low Point along the 123° 49.500' (123° 49' 30") longitude line, and Area 23D.

     (b) Sea Urchin District 4 (Sekiu) is defined as those waters of Marine Fish-Shellfish Management and Catch Reporting Area 23C west of a line projected true north from Low Point along the 123° 49.500' (123° 49' 30") longitude line and those waters of Area 29 east of a line projected true north from the mouth of Rasmussen Creek (3.1 miles southeast of Sail Rock).

     (2) Green sea urchins: Sea Urchin Districts 1 and 2 are open only on December 28, 29 and 30, 2003, January 4, 5 and 6, 2004. Sea Urchin Districts 3, 4, 6 and 7 are open only on Mondays and Tuesdays of each week. The minimum size for green sea urchins is 2.25 inches (size in largest test diameter exclusive of spines).

     (3) Red sea urchins: Sea Urchin Districts 1 and 2 are open only on December 27 and 28, 2003, and thenceforth Monday through Friday of each week. Sea Urchin District 3 is open only on January 5, 6, and 7, 2004. Sea Urchin District 4 is open only on January 5, 2004. The maximum daily landing of red sea urchins allowed in Sea Urchin Districts 3 and 4 is 2,000 pounds per commercial sea urchin license on a valid designated harvest vessel. It is unlawful to harvest red sea urchins smaller or larger than the following size (size in largest test diameter exclusive of spines).

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

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

     (4) It is unlawful to dive for any purpose from a commercially licensed sea urchin or sea cucumber fishing vessel within the following sea urchin Districts on the following days.

     (a) Districts 1 and 2 - January 3, 2004 and thenceforth Saturdays and Sundays of each week.

     (b) Districts 3, 4, 6 and 7 - Saturdays and Sundays of each week.

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     The following section of the Washington Administrative Code is repealed effective December 27, 2003:

WAC 220-52-07300I

Sea urchins. (03-309)