12-20-009

WSR 12-20-009

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 12-219 -- Filed September 21, 2012, 12:22 p.m. , effective October 1, 2012 ]

     Effective Date of Rule: October 1, 2012.

     Purpose: Amend commercial fishing rules.

     Citation of Existing Rules Affected by this Order: Repealing WAC 220-52-07100T and 220-52-07300A; and amending WAC 220-52-071 and 220-52-073.

     Statutory Authority for Adoption: RCW 77.12.047 and 77.04.020.

     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 sea cucumber districts listed. Daily landings limits for sea cucumbers have been requested by the industry in an effort to conserve harvest quota and maximize market opportunities. Also, harvestable amounts of red and green sea urchins exist in the areas described. By harvest management agreement, the legal size limits for red sea urchins have changed for the 2012-2013 harvest management period from those listed in the permanent sea urchin regulation. Prohibiting all diving from licensed sea urchin harvest vessels within Sea Urchin District 3 when those vessels have red sea urchin on-board discourages the taking of red urchins from the district (currently closed to red urchin harvest) and reporting the catch to the adjacent harvest district. Prohibiting transport of urchins from Districts 1 and 2 to other districts will prevent spoiling of product, promote accurate catch accounting, and provide for an orderly fishery. 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 0, Repealed 2.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.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

     Date Adopted: September 21, 2012.

Philip Anderson

Director

NEW SECTION
WAC 220-52-07100U   Sea cucumbers.   Notwithstanding the provisions of WAC 220-52-071, effective October 1, 2012, until further notice, it is unlawful to take or possess sea cucumbers taken for commercial purposes except as provided for in this section:

     (1) Sea cucumber harvest using shellfish diver gear is allowed in Sea Cucumber Districts 1 and 5 on Monday and Tuesday of each week.

     (2) The maximum cumulative landing of sea cucumbers for each two-day fishery opening period is 1,600 pounds per valid designated sea cucumber harvest license. It is permissible for all or any fraction of the maximum 1,600 pound total to be harvested during any legal harvest date so long as the cumulative total for the two-day opening does not exceed the maximum.

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NEW SECTION
WAC 220-52-07300B   Sea urchins   Notwithstanding the provisions of WAC 220-52-073, effective October 1, 2012, 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 and 2 are open Sunday through Wednesday of each week. Sea Urchin Districts 3, 4, 6 and 7 are open Monday through Friday of each week.

     (2) Red sea urchins: Sea Urchin Districts 1, 2 and 4 are open Monday through Friday of each week. In Sea Urchin Districts 1, 2 and 4 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).

     (3) It is unlawful to dive for any purpose from a commercially licensed sea urchin fishing vessel

in Sea Urchin District 3 when the vessel has red sea urchins on-board.

     (4) Red and green sea urchins harvested in Sea Urchin Districts 1 and 2 must be landed within Sea Urchin Districts 1 and 2.

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     Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
REPEALER

     The following sections of the Washington Administrative Code are repealed effective October 1, 2012:

WAC 220-52-07100T	Sea cucumbers. (12-168)
WAC 220-52-07300A	Sea urchins. (12-200)