EMERGENCY RULES
FISH AND WILDLIFE
Date of Adoption: April 29, 2004.
Purpose: Amend personal use rules.
Citation of Existing Rules Affected by this Order: Repealing WAC 220-56-25500K; 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: Levels of dissolved oxygen in Area 12 (Hood Canal) are low and detrimental to fish health. Allowing angling for halibut would increase the possibility of bycatch of bottomfish in the halibut fishery. Current regulations prohibit retention of bottomfish in Hood Canal due to the adverse effects of the low dissolved oxygen. This rule is needed to conserve the bottomfish resources of Hood Canal. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.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Repealed 0;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Repealed 0;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Repealed 0.
Effective Date of Rule:
Immediately.
April 29, 2004
Evan Jacoby
for Jeff Koenings
Director
(a) Catch Record Card Area 1: Open May 1 until further notice. Minimum size 32 inches in length.
(b) Catch Record Card Area 2:
(i) Those waters south of the Queets River, north of 47° and east of 124°40'W - Open May 2 until further notice.
(ii) All other open waters in Area 2 - Open May 2 until further notice - closed to fishing for halibut 12:01 a.m. of each Friday through 11:59 p.m. of each Saturday until 11:59 p.m. on June 30. Effective 12:01 a.m. on July 1, these waters will be open seven days per week.
(c) Catch Record Card Areas 3 and 4: Open May 11 until further notice - closed to fishing for halibut 12:01 a.m. of each Sunday through 11:59 p.m. of each Monday. The following area southwest of Cape Flattery is closed to halibut fishing at all times: Those waters within an eastward facing "C" shaped closed area defined as: Beginning at 48°18''N, 125°18'W, thence to 48°N18', 124°59'W, thence to 48°11'N, 124°59'W, thence to 48°11'N, 125°11'W, thence to 48°04'N, 125°11'W, thence to 48°04'N, 124°59'W, thence to 48°00'N, 124°59'W, thence to 48°00'N, 125°18'W, thence to the point of origin.
(d) Catch Record Card Area 5: May 27 through August 14 - Closed 12:01 a.m. Tuesday through 11:59 p.m. Wednesday of each week during the open period.
(e) Catch Record Card Areas 6-11 and Catch Record Card Area 13: May 6 through July 24 - Closed 12:01 a.m. Tuesday through 11:59 p.m. Wednesday of each week during the open period.
(f) Catch Record Card Area 12: Closed until further notice.
(2) Daily limit one halibut. The daily limit in Area 1 is the first halibut over 32 inches in length brought aboard the vessel.
(3) 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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The following section of the Washington Administrative
Code is repealed:
| WAC 220-56-25500K | Halibut -- Seasons -- Daily and possession limits. |