WSR 07-11-067

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 07-82 -- Filed May 14, 2007, 2:51 p.m. , effective May 21, 2007, 12:01 a.m. ]


牋牋燛ffective Date of Rule: May 21, 2007, 12:01 a.m.

牋牋燩urpose: Amend personal use rules.

牋牋燙itation of Existing Rules Affected by this Order: Repealing WAC 220-56-25500K; and amending WAC 220-56-255.

牋牋燬tatutory Authority for Adoption: RCW 77.12.047.

牋牋燯nder 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.

牋牋燫easons for this Finding: Canary and yelloweye rockfish are two of eight overfished groundfish stocks that are managed under rebuilding plans by the Pacific Fishery Management Council. The Pacific Council has adopted harvest guidelines for canary rockfish for state recreational fisheries to ensure that rebuilding goals are achieved. Depth restrictions adopted in 2006 were effective in avoiding early canary and yelloweye rockfish harvest guideline attainment. This rule conforms to federal action taken by Pacific Fishery Management Council. There is insufficient time to promulgate permanent rules.

牋牋燦umber of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

牋牋燦umber of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

牋牋燦umber of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

牋牋燦umber of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

牋牋燦umber of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; 牋牋燩ilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

牋牋燚ate Adopted: May 14, 2007.

J. P. Koenings

Director


NEW SECTION
WAC 220-56-25500L   Halibut -- Seasons -- Daily and possession limits.   (1) Notwithstanding the provisions of WAC 220-56-255, effective immediately until further notice, it is unlawful to fish for or possess halibut taken for personal use, except as provided in this section:

牋牋 (a) Catch Record Card Area 1 - Open until further notice. By-catch restriction: It is unlawful during any vessel trip to bring into port or land bottomfish except sablefish or Pacific Cod if the vessel has brought halibut into port or landed halibut during that trip.

牋牋 (b) Catch Record Card Area 2 - Closed.

牋牋 (c) Catch Record Card Areas 3 and 4 - Open until further notice, except closed to fishing for halibut 12:01 a.m. each Sunday through 11:59 p.m. each Monday; 12:01 a.m. through 11:59 p.m. each Wednesday; and 12:01 a.m. through 11:59 p.m. each Friday. The following area southwest of Cape Flattery is closed to fishing for halibut at all times:

牋牋 Beginning at 4񵀷8'N., 12518'W.; thence to

牋牋 4818'N., 12459'W.; thence to

牋牋 4811'N., 12459'W.; thence to

牋牋 4811'N., 12511'W., thence to

牋牋 4804'N., 12511'W.; thence to

牋牋 4804'N., 12459'W.; thence to

牋牋 48癗., 12459'W.; thence to

牋牋 48癗., 12518'W.; thence to point of origin.

牋牋 (i) Effective May 21, 2007, until further notice, on days when halibut fishing is closed in Catch Record Card Areas 3 and 4 it is unlawful to fish for or possess rockfish and lingcod seaward of a line approximating the 20-fathom depth contour as defined by the following coordinates:

牋牋 48 23.9'N.; 124 44.2'W.

牋牋 48 23.6'N.; 124 44.9'W.

牋牋 48 18.6'N.; 124 43.6'W.

牋牋 48 18.6'N.; 124 48.2'W.

牋牋 48 10.0'N.; 124 48.8'W.

牋牋 48 02.4'N.; 124 49.3'W.

牋牋 47 37.6'N.; 124 34.3'W.

牋牋 47 31.7'N.; 124 32.4'W.

牋牋 (d) Catch Record Card Areas 6 through 11 and Catch Record Card Area 13 - Open through June 16, 2007, except closed to fishing for halibut 12:01 a.m. of each Tuesday through 11:59 p.m. of each Wednesday.

牋牋 (e) Catch Record Card Area 5 - Open May 24, 2007, until further notice, except closed to fishing for halibut 12:01 a.m. of each Tuesday through 11:59 p.m. of each Wednesday.

牋牋 (f) Daily limit one halibut. 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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REPEALER

牋牋 The following section of the Washington Administrative code is repealed:

WAC 220-56-25500K Halibut -- Seasons -- Daily and possession limits. (07-77)

Washington State Code Reviser's Office