WSR 04-10-043

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 04-95 -- Filed April 29, 2004, 3:32 p.m. ]

Date of Adoption: April 29, 2004.

Purpose: Amend personal use rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-56-25500K; and 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: Levels of dissolved oxygen in Area 12 (Hood Canal) are low and detrimental to fish health. Allowing angling for halibut would increase the possibility of bycatch of bottomfish in the halibut fishery. Current regulations prohibit retention of bottomfish in Hood Canal due to the adverse effects of the low dissolved oxygen. This rule is needed to conserve the bottomfish resources of Hood Canal. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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

April 29, 2004

Evan Jacoby

for Jeff Koenings

Director


NEW SECTION
WAC 220-56-25500L   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:

(a) Catch Record Card Area 1: Open May 1 until further notice. Minimum size 32 inches in length.

(b) Catch Record Card Area 2:

(i) Those waters south of the Queets River, north of 47 and east of 12440'W - Open May 2 until further notice.

(ii) All other open waters in Area 2 - Open May 2 until further notice - closed to fishing for halibut 12:01 a.m. of each Friday through 11:59 p.m. of each Saturday until 11:59 p.m. on June 30. Effective 12:01 a.m. on July 1, these waters will be open seven days per week.

(c) Catch Record Card Areas 3 and 4: Open May 11 until further notice - closed to fishing for halibut 12:01 a.m. of each Sunday through 11:59 p.m. of each Monday. 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 4818''N, 12518'W, thence to 48N18', 12459'W, thence to 4811'N, 12459'W, thence to 4811'N, 12511'W, thence to 4804'N, 12511'W, thence to 4804'N, 12459'W, thence to 4800'N, 12459'W, thence to 4800'N, 12518'W, thence to the point of origin.

(d) Catch Record Card Area 5: May 27 through August 14 - Closed 12:01 a.m. Tuesday through 11:59 p.m. Wednesday of each week during the open period.

(e) Catch Record Card Areas 6-11 and Catch Record Card Area 13: May 6 through July 24 - Closed 12:01 a.m. Tuesday through 11:59 p.m. Wednesday of each week during the open period.

(f) Catch Record Card Area 12: Closed until further notice.

(2) Daily limit one halibut. The daily limit in Area 1 is the first halibut over 32 inches in length brought aboard the vessel.

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

[]


REPEALER


The following section of the Washington Administrative Code is repealed:


WAC 220-56-25500K Halibut -- Seasons -- Daily and possession limits.

Legislature Code Reviser 

Register

Washington State Code Reviser's Office