WSR 12-16-051

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 12-151 -- Filed July 27, 2012, 3:13 p.m. , effective July 27, 2012, 3:13 p.m. ]


Effective Date of Rule: Immediately.

Purpose: Amend recreational fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-56-25500P and 220-56-25500Q; 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 quota remaining in Marine Area 1 to allow the fishery to reopen Fridays through Sundays. This rule conforms to federal action taken by the National Marine Fisheries Service and 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 2.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: July 27, 2012.

Joe Stohr

for Philip Anderson

Director


NEW SECTION
WAC 220-56-25500Q   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 August 3 through September 30, 2012, Fridays through Sundays 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 Areas 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12 and 13 - Closed.

(3) 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.

(4) It is unlawful to land halibut in a port closed to recreational halibut fishing, except for halibut lawfully caught in Canada.

(5) All other permanent rules remain in effect.

[]


REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 220-56-25500P Halibut -- Seasons -- Daily and possession limits. (12-106)


The following section of the Washington Administrative Code is repealed effective 12:01 a.m. October 1, 2012:


WAC 220-56-25500Q Halibut -- Seasons -- Daily and possession limits.

Washington State Code Reviser's Office