WSR 01-16-014

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 01-139 -- Filed July 19, 2001, 4:23 p.m. , effective July 23, 2001 ]

     Date of Adoption: July 19, 2001.

     Purpose: Commercial fishing rules.

     Citation of Existing Rules Affected by this Order: Repealing WAC 220-52-07100R; and amending WAC 220-52-071.

     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: The harvestable amount of sea cucumbers from Area 3 has been taken but sea cucumbers are available in the four sea cucumber districts remaining open. Prohibition of all diving within two days of scheduled sea cucumber openings discourages the practice of fishing on closed days and hiding the unlawful catch underwater until the legal opening. 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: July 23, 2001.

July 19, 2001

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 220-52-07100S   Sea cucumbers.   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. July 23, 2001 until further notice, sea cucumber harvest using shellfish diver gear is allowed in Sea Cucumber Districts 1, 2, 4 and 5 on Monday, Tuesday, and Wednesday of each week from 6:00 a.m. to one-half hour before official sunset of each day.

     (2) 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 July 21, 22, 28, 29, August 4, 5, 11, 12, 18, 19, 25, and 26, 2001.

[]


REPEALER


     The following section of the Washington Administrative Code is repealed effective 6:00 a.m. July 23, 2001:


WAC 220-52-07100R Sea cucumbers. (01-99)

© Washington State Code Reviser's Office