FISH AND WILDLIFE
[Order 19-215—Filed September 12, 2019, 2:33 p.m., effective September 16, 2019]
Effective Date of Rule: September 16, 2019.
Purpose: Amend Puget Sound commercial sea cucumber rules.
Citation of Rules Affected by this Order: Repealing WAC 220-340-73000P; and amending WAC 220-340-730.
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: This emergency rule is necessary to close the Puget Sound commercial sea cucumber fishery in Sea Cucumber Management District 1 (Catch Reporting Areas 20A, 20B, 21A, 21B, 22A, 22B). The harvest quota is expected to be reached, and this closure is necessary to prevent overharvest. This emergency rule will also reopen [Sea] Cucumber Management District 2-1 (Catch Reporting Areas 23A, 23C, 23D, 29), as harvestable surpluses of sea cucumbers remain in these areas. There is insufficient time to adopt 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: September 12, 2019.
for Kelly Susewind
WAC 220-340-73000QCommercial sea cucumber fishery.
Notwithstanding the provisions of WAC 220-340-730, effective September 16, 2019, it is unlawful to take or possess sea cucumbers taken for commercial purposes except as provided for in this section:
(1) Sea cucumber harvest using shellfish diver gear is allowed in the following Marine Fish-Shellfish Catch Reporting Areas of Sea Cucumber District 2, Monday through Sunday of each week: 29, 23A, 23D, and 23C east of a line projected true north from the shoreline at 123 degrees 48.3 minutes west longitude, and west of a line projected true north from the shoreline at 123 degrees 52.7 minutes west longitude.
(2) The maximum cumulative landing of sea cucumbers for each weekly fishery opening period is 400 pounds per valid designated sea cucumber harvest license.
The following section of the Washington Administrative Code is repealed effective September 16, 2019:
Commercial sea cucumber fishery. (19-207)