EMERGENCY RULES
FISH AND WILDLIFE
Date of Adoption: August 3, 2000.
Purpose: Amend commercial fishing rules.
Citation of Existing Rules Affected by this Order: Repealing WAC 220-52-07100P; 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. Tatoosh Island is closed consistent with state/tribal agreement. Colvos Passage Marine Preserve is closed to preserve the character of the marine preserve. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 2.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: Immediately.
August 3, 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. August 7, 2000 until further notice, sea cucumber harvest using shellfish diver gear is allowed in 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 26D, 28A, 28B, 28C, and 28D only on Monday, August 7, 2000 from 6:00 a.m. to one-half hour before official sunset, 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) Tatoosh Island - Those waters within one-quarter mile of Tatoosh Island.
(b) 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 Resources, on August, 5 and 6, 2000.
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The following section of the Washington Administrative Code is repealed:
| WAC 220-52-07100P | Sea cucumbers. (00-128) |