WSR 11-14-007

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 11-134 -- Filed June 23, 2011, 9:45 a.m. , effective June 23, 2011, 9:45 a.m. ]


Effective Date of Rule: Immediately.

Purpose: Amend personal use fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-56-25500G; and 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: There is sufficient halibut quota remaining in Marine Areas 3 and 4 to reopen the recreational halibut fishery for one day. This rule conforms state rules to federal action taken by the National Marine Fisheries Service and approved by the International Pacific Halibut Commission. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: June 23, 2011.

Philip Anderson

Director


NEW SECTION
WAC 220-56-25500H   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 - Closed.

(2) Catch Record Card Area 2 - Closed.

(i) Catch Record Card Area 2 (Northern Nearshore fishery) Those waters from 47 31.70'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 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

46 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 12:01 a.m. through 11:59 p.m. June 30, 2011. 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 Areas 5, 6, 7, 8, 9 and 10 - Closed.

(5) 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.

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REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 220-56-25500G Halibut -- Seasons -- Daily and possession limits. (11-123)

Washington State Code Reviser's Office