WSR 05-09-033

EXPEDITED RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Filed April 13, 2005, 9:42 a.m. ]

Title of Rule and Other Identifying Information: Recreational halibut rules.

NOTICE

THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Evan Jacoby, Department of Fish and Wildlife, 600 Capitol Way North, Olympia, WA 98501-1091 , AND RECEIVED BY June 20, 2005.


Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Amend sport halibut rules for 2005 season.

Reasons Supporting Proposal: Provide recreational fishing opportunity.

Statutory Authority for Adoption: RCW 77.12.047.

Statute Being Implemented: RCW 77.12.047.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: Department of Fish and Wildlife, governmental.

Name of Agency Personnel Responsible for Drafting: Evan Jacoby, 1111 Washington Street, Olympia, (360) 902-2930; Implementation: Lew Atkins, 1111 Washington Street, Olympia, (360) 902-2651; and Enforcement: Bruce Bjork, 1111 Washington Street, Olympia, (360) 902-2373.

April 13, 2005

Evan Jacoby

Rules Coordinator

OTS-8024.2


AMENDATORY SECTION(Amending Order 03-24, filed 2/14/03, effective 5/1/03)

WAC 220-56-255   Halibut -- Seasons -- Daily and possession limits.   (1) It is unlawful to fish for or possess halibut taken for personal use except from the areas or in excess of the amounts provided for in this section:

(a) Catch Record Card Area 1: Open May 1 through September 30((, unless closed earlier by emergency regulation. Minimum size limit 32 inches in length)). By-catch restriction: It is unlawful during any vessel trip to bring into port or land bottomfish except sablefish if the vessel has brought halibut into port or landed halibut.

(b) Catch Record Card Area 2:

(i) Those waters south of the Queets River, north of 47 and east of 12440'W - Open May ((2)) 1 through September 30((, unless closed earlier by emergency regulation)).

(ii) All other ((open)) waters in Area 2 - Open May ((2)) 1 through September 30, ((unless)) except closed to fishing for halibut 12:01 a.m. of each Friday through 11:59 p.m. of each Saturday.

(((iii) The following waters are closed to halibut fishing: Inside a rectangle defined by the following four corners: 4719'0"N, 12453'0"W; 4719'00"N, 12448'0"W; 4716'0"N, 12453'0"W; 4716'0"N, 12448'0"W.))

(c) Catch Record Card Areas 3 and ((those waters of Catch Record Card Area)) 4 ((west of the Bonilla-Tatoosh line:)) - Open May ((1)) 10 through September 30 ((unless closed by emergency regulation.)), except 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 ((48N, 12459'W, thence to 48N, 12518'W, thence to 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,)) 4818'N. lat.; 12518'W. long., thence to 4818'N. lat.; 12459'W. long., thence to 4811'N. lat.; 12459'W. long., thence to 4811'N. lat.; 12511'W. long., thence to 4804'N. lat.; 12511'W. long., thence to 4804'N. lat.; 12459'W. long., thence to 4800'N. lat.; 12459'W. long., thence to 4800'N. lat.; 12518'W. long., thence to the point of origin.

(d) Catch Record Card Area ((4 east of the Bonilla-Tatoosh line and Catch Record Card Areas)) 5 ((through 13:)) - Open May ((27)) 26 through July ((12 - )) 31, except closed to fishing for halibut 12:01 a.m. of each Tuesday through 11:59 p.m. of each Wednesday ((of each week during the open period)).

(e) Catch Record Card Areas 6 through 13 - Open April 14 through June 20, except closed to fishing for halibut 12:01 a.m. of each Tuesday through 11:59 p.m. of each Wednesday.

(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.

[Statutory Authority: RCW 77.12.047. 03-05-057 (Order 03-24), 220-56-255, filed 2/14/03, effective 5/1/03. Statutory Authority: RCW 75.08.080 and 77.12.040. 99-15-081 (Order 99-102), 220-56-255, filed 7/20/99, effective 8/20/99; 99-08-029 (Order 99-13), 220-56-255, filed 3/30/99, effective 5/1/99; 98-06-031, 220-56-255, filed 2/26/98, effective 5/1/98. Statutory Authority: RCW 75.08.080. 97-07-078 (Order 97-53), 220-56-255, filed 3/19/97, effective 5/1/97; 95-12-027 (Order 95-46), 220-56-255, filed 5/31/95, effective 7/1/95; 94-14-069, 220-56-255, filed 7/1/94, effective 8/1/94; 93-15-011, 220-56-255, filed 7/8/93, effective 8/8/93; 93-08-034 (Order 93-20), 220-56-255, filed 3/31/93, effective 5/1/93; 89-07-060 (Order 89-12), 220-56-255, filed 3/16/89; 88-10-013 (Order 88-15), 220-56-255, filed 4/26/88; 85-10-062 (Order 85-39), 220-56-255, filed 5/1/85; 80-03-064 (Order 80-12), 220-56-255, filed 2/27/80, effective 4/1/80. Formerly WAC 220-56-071.]

Washington State Code Reviser's Office