WSR 07-11-151

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 07-92 -- Filed May 22, 2007, 2:17 p.m. , effective May 31, 2007, 12:01 a.m. ]


Effective Date of Rule: May 31, 2007, 12:01 a.m.

Purpose: Amend personal use rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-56-25500M; 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: There is sufficient halibut quota to reopen the North Coast (Neah Bay and LaPush) recreational halibut fishery for one day only. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 22, 2007.

Loreva M. Preuss

for Jeff Koenings

Director


NEW SECTION
WAC 220-56-25500N   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 - Open only 12:01 a.m. through 11:59 p.m. May 31, 2007. The following area southwest of Cape Flattery is closed to fishing for halibut at all times:

Beginning at 4818' N., 12518' W.; thence to

4818'N., 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

48N., 12459'W.; thence to

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

(i) Effective immediately 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:

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, effective 12:01 a.m. May 31, 2007:


WAC 220-56-25500M Halibut -- Seasons -- Daily and possession limits. (07-90)

Washington State Code Reviser's Office