WSR 17-03-090 EMERGENCY RULES DEPARTMENT OF FISH AND WILDLIFE [Order 17-12—Filed January 13, 2017, 10:40 a.m., effective January 16, 2017] Effective Date of Rule: January 16, 2017.
Purpose: Amend commercial sea urchin fishing.
Citation of Existing Rules Affected by this Order: Repealing WAC 220-52-07300D; and amending WAC 220-52-073.
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 needed to close the commercial harvest of green sea urchins because the quota limit has been reached. Harvestable surpluses of red sea urchins exist in Districts 1 and 2 to remain open for harvest. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: January 13, 2017.
J. W. Unsworth
Director
NEW SECTION
WAC 220-52-07300E Sea urchins
Notwithstanding the provisions of WAC 220-52-073, effective January 16, 2017, until further notice, it is unlawful to take or possess sea urchins taken for commercial purposes except as provided for in this section:
(1) The following areas are open for red sea urchin harvest seven days-per-week: Sea Urchin District 1 and District 2. It is unlawful to harvest red sea urchins smaller than 3.25 inches or larger than 5.0 inches (size is largest test diameter exclusive of spines).
(2) The maximum cumulative landing of red sea urchins for each weekly fishery opening period is 3,000 pounds per valid designated sea urchin harvest license. Each fishery week begins Monday and ends Sunday.
REPEALER
The following section of the Washington Administrative Code is repealed effective January 16, 2017:
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