WSR 01-21-029

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 01-234 -- Filed October 10, 2001, 8:18 a.m. , effective October 15, 2001, 12:01 a.m. ]

     Date of Adoption: October 9, 2001.

     Purpose: Amend commercial fishing rules.

     Citation of Existing Rules Affected by this Order: Repealing WAC 220-52-07300J; 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 numbers of red and green sea urchins exist in the areas described. Prohibition of all diving within 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. The closures at Eagle Harbor and Sinclair Inlet protect public health and promote an orderly fishery. 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: October 15, 2001, 12:01 a.m.

October 9, 2001

Evan Jacoby

for Jeff Koenings

Director


NEW SECTION
WAC 220-52-07300K   Sea urchins   Notwithstanding the provisions of WAC 220-52-073, effective October 15, 2001 until further notice, it is unlawful to take or possess sea urchins taken for commercial purposes except as provided for in this section:

     (1) Green sea urchins: Sea Urchin Districts 1, 2, 3, 4 and Marine Fish/Shellfish Management and Catch Reporting Areas 24A, 24B, 24C, 24D, 26B, 26C, 26D, and 28A are open only on Monday and Tuesday of each week. The minimum size for green sea urchins is 2.25 inches in diameter, exclusive of the spines.

     (2) Red sea urchins: Sea Urchin Districts 1 and 2 are open only on Monday, Tuesday and Wednesday of each week. It is unlawful to harvest red sea urchins larger than 5.5 inches or smaller than 4.0 inches in diameter, exclusive of spines.

     (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 Saturdays and Sundays of each week.

     (4) The following areas are closed to the harvest of sea urchins at all times:

     (a) Those waters of Eagle Harbor west of a line projected from Wing Point to Eagle Harbor Creosote Light Number 1, then due west to the shore on Bainbridge Island.

     (b) The waters of Sinclair Inlet west of a line projected southerly from the easternmost point of Point Turner to landfall directly below the Veteran's Home in Annapolis.

[]


REPEALER

     The following section of the Washington Administrative Code is repealed 12:01 a.m. October 15, 2001:


WAC 220-52-07300J Sea urchins (01-211)

© Washington State Code Reviser's Office