WSR 11-09-074

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 11-61 -- Filed April 19, 2011, 2:21 p.m. , effective May 1, 2011 ]


Effective Date of Rule: May 1, 2011.

Purpose: Amend personal use fishing rules.

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

Statutory Authority for Adoption: RCW 77.12.047 and 77.04.020.

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 rule conforms to federal action taken by the Pacific Fisheries Management Council. The recreational halibut quota is sufficient to provide for these seasons. There is insufficient time to adopt 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: April 19, 2011.

Philip Anderson

Director


NEW SECTION
WAC 220-56-25500B   Halibut -- Seasons -- Daily and possession limits.   Notwithstanding the provisions of WAC 220-56-250 and 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:

(1) Catch Record Card Area 1 - Open May 5, 2011, until further notice, Thursdays through Saturdays only. It is unlawful during any vessel trip to bring into port or land bottomfish except sablefish or Pacific Cod when halibut are on board.

(2) Catch Record Card Area 2 - Open May 1, 2011, until further notice, Sundays and Tuesdays only, except closed Tuesday, May 24, 2011; see (i) and (ii) below for additional details.

(i) Catch Record Card Area 2 (Northern Nearshore fishery) Those waters from 4731.70'N. latitude south to 4658.00'N latitude and east of a line approximating the 30 fathom depth contour as defined by the following coordinates, open May 1, 2011, seven days per week until further notice:


47 31.70 N. lat, 124 37.03 W. long

47 25.67 N. lat, 124 34.79 W. long

47 12.82 N. lat, 124 29.12 W. long

47 58.00 N. lat, 124 24.24 W. long


(ii) Lingcod may be taken, retained and possessed seaward of the 30 fathom line on any day open to the primary halibut fishery as described in (2) above.

(3) Catch Record Card Areas 3 and 4 - Open May 12 through May 21, 2011, Thursdays and Saturdays only. 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.


(4) Catch Record Card Area 5 - Open May 26 through June 18, 2011, Thursdays through Saturdays only. However, May 26 through May 29, 2011, open Thursday, Friday, Saturday and Sunday.

(5) Catch Record Card Areas 6, 7, 8, 9 and 10 - Open May 5 through May 29, 2011, Thursdays through Saturdays only. However, May 26 through May 29, 2011, open Thursday, Friday, Saturday and Sunday.

(6) Daily limit one halibut, no minimum size limit. The possession limit is two daily limits of halibut in any form, except the possession limit aboard the fishing vessel is one daily limit.

(7) All other permanent rules remain in effect.

[]

Washington State Code Reviser's Office