Date of Adoption: February 10, 2001.

Purpose: Amend commercial fishing rules.

Citation of Existing Rules Affected by this Order: Amending WAC 220-52-071 and 220-52-073.

Statutory Authority for Adoption: RCW 77.12.047.

Adopted under notice filed as WSR 01-02-086 on January 3, 2001.

Changes Other than Editing from Proposed to Adopted Version: Amendment to WAC 220-69-240 filed in WSR 01-07-015.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 2, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: Thirty-one days after filing.

March 13, 2001

Debbie Nelson

for Russell W. Cahill, Chair

Fish and Wildlife Commission

OTS-4616.1

AMENDATORY SECTION(Amending Order 00-07, filed 1/13/00, effective 2/13/00)

WAC 220-52-071   Sea cucumbers.   It is unlawful to take or possess sea cucumbers taken for commercial purposes except as provided for in this section.

(1) Sea cucumber districts:

(a) Sea Cucumber District 1 is defined as those waters of Marine Fish-Shellfish Management and Catch Reporting Areas 20A, 20B, 21A, 21B, 22A, 22B, and 23B outside of the following closed areas:

(i) San Juan Channel and Upright Channel within the following lines: ((North of a line from Cattle Point on San Juan Island to Davis Point on Lopez Island and)) South of a line projected from Flat Point on Lopez Island true west to Shaw Island; west of a line from Neck Point on Shaw Island to Steep Point on Orcas Island; south of a line from Steep Point on Orcas Island to Limestone Point on San Juan Island north of a line from Flat Point on Lopez Island to the northernmost point of Turn Island and thence projected true west to San Juan Island.

(ii) 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.

(((iii) Within one-quarter mile of Green Point on Spieden Island.

(iv) Within one-quarter mile of Gull Reef, located between Spieden Island and Johns Island.))

(b) Sea Cucumber District 2 is defined as ((those)) the waters of Marine Fish-Shellfish Management and Catch Reporting Areas 23A, 23C, 23D, 25A, 25B, 25C, 25D, 25E, and 29 ((and those waters west of the Bonilla-Tatoosh Line, Pacific Ocean waters, Grays Harbor, Willapa Bay, and the waters at the mouth of the Columbia River west of the Buoy 10 Line)).

(c) Sea Cucumber District 3 is defined as ((those)) the waters of Marine Fish-Shellfish Management and Catch Reporting Areas 24A, 24B, 24C, 24D, 26A, 26B, and 26C((, and 26D)).

(d) Sea Cucumber District 4 is defined as ((those)) the waters of Marine Fish-Shellfish Management and Catch Reporting Areas 27A, 27B, and 27C((, 28A, 28B, 28C, and 28D)).

(e) Sea Cucumber District 5 is defined as the waters of Marine Fish-Shellfish Management and Catch Reporting Areas 26D, 28A, 28B, 28C, and 28D.

(2) Sea cucumber areas and seasons:

Sea cucumber areas and seasons will be set by emergency rule.

(3) Shellfish diver gear:

(a) Divers operating from a vessel must have a number assigned by the department placed on both sides and the top of the vessel in such a manner that the number is clearly visible when the vessel is viewed from either side or from the air, and the letters must be black on white no less than eighteen inches in height and of proportional width.

(b) Only one diver from each harvesting vessel is allowed in the water at any one time during the sea cucumber harvest operation or when commercial quantities of sea cucumbers are aboard except that two divers may be in the water if the vessel has been designated on two sea cucumber dive fishery licenses.

(c) Divers may not fish for or possess geoduck clams during commercial sea cucumber harvesting operations, or possess geoduck clams on a vessel that has sea cucumbers on board.

(d) Licensing: A sea cucumber dive fishery license is the license required to operate the gear provided for in this section.

(4) Trawl gear:

It is unlawful to fish for or possess sea cucumbers taken with trawl gear.

[Statutory Authority: RCW 75.08.080. 00-03-042 (Order 00-07), 220-52-071, filed 1/13/00, effective 2/13/00; 99-17-068 (Order 99-126), 220-52-071, filed 8/13/99, effective 9/13/99; 94-12-009 (Order 94-23), 220-52-071, filed 5/19/94, effective 6/19/94; 93-15-051, 220-52-071, filed 7/14/93, effective 8/14/93; 91-18-030 (Order 91-73), 220-52-071, filed 8/28/91, effective 9/28/91; 91-10-024 (Order 91-22), 220-52-071, filed 4/23/91, effective 5/24/91; 87-23-006 (Order 87-187), 220-52-071, filed 11/6/87; 87-15-022 (Order 87-69), 220-52-071, filed 7/8/87; 87-02-013 (Order 86-199), 220-52-071, filed 12/30/86; 81-11-006 (Order 81-31), 220-52-071, filed 5/11/81; 79-02-053 (Order 79-6), 220-52-071, filed 1/30/79; Order 77-145, 220-52-071, filed 12/13/77; Order 77-65, 220-52-071, filed 8/5/77; Order 1105, 220-52-071, filed 12/28/73; Order 990, 220-52-071, filed 5/11/72.]

(1) Sea urchin districts:

(a) Sea Urchin District 1 (Northern San Juan Islands) is defined as Marine Fish-Shellfish Management and Catch Reporting Areas 20A, 20B, and those waters of Area 22A north of a line projected east-west one-quarter mile north of Lime Kiln Light on San Juan Island and west of a line projected true north from Limestone Point on San Juan Island. ((The following areas within Sea Urchin District 1 are closed to the harvest of sea urchins at all times:

(i) Those waters within one-quarter mile of Green Point on Spieden Island.

(ii) Those waters within one-quarter mile of Gull Reef, located between Spieden and Johns Island.))

(b) Sea Urchin District 2 (Southern San Juan Islands and Port Townsend) is defined as those waters of Marine Fish-Shellfish Management and Catch Reporting Area 22A south of a line projected east-west one-quarter mile north of Lime Kiln Light on San Juan Island and east of a line projected true north from Limestone Point on San Juan Island and Areas 21A, 21B, 22B, 23A, 23B ((and)), 25A and 25B. The following areas within Sea Urchin District 2 are closed to the harvest of sea urchins at all times:

(i) 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.

(ii) Those waters of San Juan Channel and Upright Channel within the following lines: ((North of a line from Cattle Point on San Juan Island to Davis Point on Lopez Island;)) South of a line projected from Flat Point on Lopez Island true west to Shaw Island; west of a line from Neck Point on Shaw Island to Steep Point on Orcas Island; south of a line from Steep Point on Orcas Island to Limestone Point on San Juan Island north of a line from Flat Point on Lopez Island to the northernmost point of Turn Island and thence projected true west to San Juan Island.

(c) 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, and Area 23D.

(d) 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 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).

(e) Sea Urchin District 5 is defined as those waters of Marine Fish-Shellfish Management and Catch Reporting Area 29 west of a line projected true north from the mouth of Rasmussen Creek (3.1 miles southeast of Sail Rock) and Areas 59A and 59B. Within Sea Urchin District 5, waters within one-quarter mile of Tatoosh Island are closed to the harvest of sea urchins at all times.

(2) Sea urchin seasons and sizes:

Sea urchin seasons and sizes will be set by emergency rule.

(3) Shellfish diver gear:

(a) It is unlawful to take sea urchins by any means other than shellfish diver gear.

(b) Divers may only use hand-operated equipment that does not penetrate the shell.

(c) Sea urchins may not be taken from water shallower than 10 feet below mean lower low water.

(d) Purple sea urchins may not be taken.

(e) Divers operating from a vessel must have a number assigned by the department, placed on both sides and the top of the vessel in such a manner that the number is clearly visible when the vessel is viewed from either side or from the air and the number must be black on white no less than 18 inches high and of proportionate width.

(f) Divers may not take sea urchins from one-half hour after sunset to one-half hour before sunrise.

(g) No processing of sea urchins is permitted aboard the harvest vessel.

(h) Divers may not take sea urchins for use other than as human food.

(i) Only one diver from each harvesting vessel is allowed in the water at any one time during the sea urchin harvesting operation or when commercial quantities of sea urchins are aboard except that two divers may be in the water if the vessel has been designated on two sea urchin dive fishery licenses.

(j) Variance from any of the provisions of this subsection is only allowed if authorized by a permit issued by the director.

(k) Licensing: A sea urchin dive fishery license is the license required to operate the gear provided for in this section.

[Statutory Authority: RCW 75.08.080. 00-03-042 (Order 00-07), 220-52-073, filed 1/13/00, effective 2/13/00; 94-12-009 (Order 94-23), 220-52-073, filed 5/19/94, effective 6/19/94; 91-22-064 (Order 91-132), 220-52-073, filed 11/1/91, effective 12/2/91; 91-10-024 (Order 91-22), 220-52-073, filed 4/23/91, effective 5/24/91; 87-23-006 (Order 87-187), 220-52-073, filed 11/6/87; 87-15-022 (Order 87-69), 220-52-073, filed 7/8/87; 86-20-028 (Order 86-123), 220-52-073, filed 9/23/86; 85-01-010 (Order 84-214), 220-52-073, filed 12/7/84; 83-04-025 (Order 83-04), 220-52-073, filed 1/27/83; 80-13-064 (Order 80-123), 220-52-073, filed 9/17/80; 79-02-053 (Order 79-6), 220-52-073, filed 1/30/79; Order 77-145, 220-52-073, filed 12/13/77; Order 76-152, 220-52-073, filed 12/17/76; Order 1105, 220-52-073, filed 12/28/73; Order 990, 220-52-073, filed 5/11/72.]

Washington State Code Reviser's Office