WSR 07-11-123

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 07-90 -- Filed May 21, 2007, 3:45 p.m. , effective May 21, 2007, 3:45 p.m. ]


Effective Date of Rule: Immediately.

Purpose: Amend personal use rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-56-25500L; 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: The North Coast (Neah Bay and La Push) recreational halibut fishery is projected to attain its portion of the Pacific halibut quota. These rules conform to federal action by Pacific Fishery Management Council. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: May 21, 2007.

J. P. Koenings

Director


NEW SECTION
WAC 220-56-25500M   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:

(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.

(b) Catch Record Card Area 2 - Closed.

(c) Catch Record Card Areas 3 and 4 - Closed until further notice.

(i) Effective immediately until further notice, 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:


48 23.9' N.; 124 44.2' W.

48 23.6' N.; 124 44.9' W.

48 18.6' N.; 124 43.6' W.

48 18.6' N.; 124 48.2' W.

48 10.0' N.; 124 48.8' W.

48 02.4' N.; 124 49.3' W.

47 37.6' N.; 124 34.3' W.

47 31.7' N.; 124 32.4' W.


(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.

(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.

(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

The following section of the Washington Administrative code is repealed:

WAC 220-56-25500L Halibut -- Seasons -- Daily and possession limits. (07-82)

Washington State Code Reviser's Office