WSR 07-07-087

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 07-43 -- Filed March 16, 2007, 2:20 p.m. , effective March 17, 2007, 12:01 a.m. ]


Effective Date of Rule: March 17, 2007, 12:01 a.m.

Purpose: Amend personal use rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-56-230; and amending WAC 220-56-230 and 220-56-235.

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: Depth restrictions adopted in 2006 were effective in avoiding early canary and yelloweye rockfish harvest guideline attainment. Based on the success of last year's management measures, the Pacific Council adopted the same management measures for 2007 that were in place for 2006. Lingcod abundance determined by the most recent stock assessment supports a reduction in the minimum size for recreational lingcod from twenty-four inches to twenty-two inches. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: March 16, 2007.

J. P. Koenings

Director


NEW SECTION
WAC 220-56-23000F   Bottomfish closed areas.   Notwithstanding the provisions of WAC 220-56-230, WAC 220-56-235 and WAC 220-56-250, effective 12:01 a.m. March 17 through June 15, 2007, in Marine Catch Area 2, it is unlawful to fish for or possess bottomfish, except sablefish and Pacific Cod for personal use seaward of a line approximating the 30-fathom depth contour, as defined by the following coordinates.

4731.70'N lat. 12437.03'W long.;
4725.67'N lat. 12434.79'W long.;
4712.82'N lat. 12429.12'W long.;
4652.94'N lat. 12422.58'W long.;
4644.18'N lat. 12418.00'W long.;
4638.17'N lat. 12415.88'W long.

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NEW SECTION
WAC 220-56-23500V   Possession limits -- Bottomfish.   Notwithstanding the provisions of WAC 220-56-235, effective March 17, 2007, until further notice, the minimum size for lingcod in Marine Catch Areas 1 through 3 is 22 inches in length.

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REPEALER


The following section of the Washington Administrative Code is repealed effective 12:01 a.m. June 16, 2007:


WAC 220-56-23000F Bottomfish closed areas.

Washington State Code Reviser's Office