WSR 03-09-061

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 03-65 -- Filed April 14, 2003, 3:16 p.m. , effective May 1, 2003, 12:01 a.m. ]

     Date of Adoption: April 14, 2003.

     Purpose: Amend personal use rules.

     Citation of Existing Rules Affected by this Order: Amending WAC 220-56-255.

     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: This regulation is necessary to implement federal rules on halibut seasons that were published in the Federal Register on March 7, 2003. The adoption of state rules is required to provide consistency to state and federal rules regarding halibut fishing. 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: May 1, 2003, 12:01 a.m.

April 14, 2003

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 220-56-25500E   Halibut -- Seasons -- Daily and possession limits.   Notwithstanding the provisions of WAC 220-56-255, it is unlawful to fish for or possess halibut taken for personal use except as provided for in this section:

     (1) Catch Record Card Area 1 - Open May 1, 2003 until further notice, unless closed earlier by emergency regulation. The daily limit in Area 1 is the first halibut over 32 inches in length brought aboard the vessel.

     (2) Catch Record Card Area 2:

     (a) Those waters south of the Queets River, north of 47° and east of 124°40'W - Open May 1, 2003 until further notice, unless closed earlier by emergency regulation. The daily limit is one halibut of any size.

     (b) All other waters in Area 2 - Open May 1, 2003 until further notice unless closed by emergency regulation. Except closed from 12:01 a.m. of each Friday through 11:59 p.m. of each Saturday during the open period. The daily limit is one halibut of any size.

     (3) Catch Record Card Areas 3 and 4 - Open May 1 through June 17, 2003 unless closed by emergency regulation. Except closed to fishing for halibut 12:01 a.m. of each Sunday through 11:59 p.m. of each Monday. The daily limit is one halibut of any size. The following area southwest of Cape Flattery is closed to halibut fishing at all times:

     Those waters within an eastward facing "C" shaped closed area defined as: Beginning at 48°, 18'N, 125°18'W, thence to 48°18'N, 124°59'W, thence to 48°11'N, 124°59'W, thence to 48°11'N, 125°11'W, thence to 48°04'N, 125°11'W, thence to 48°04'N, 124°59'W, thence to 48°00'N, 124°59'W, thence to 48°00'N, 125°18'W, thence to the first coordinate.

     (4) Catch Record Card Area 5: Open May 22 through August 1, 2003 - except closed from 12:01 a.m. Tuesday through 11:59 p.m. Wednesday of each week during the open period. The daily limit is one halibut of any size.

     (5) Catch Record Card Areas 6-13: Open May 8 through July 18, 2003 - except closed from 12:01 a.m. Tuesday through 11:59 p.m. Wednesday of each week during the open period. The daily limit is one halibut of any size.

     (6) The possession limit is two daily limits of halibut in any form, except the possession limit aboard the fishing vessel is one daily limit.

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