WSR 09-12-015

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 09-94 -- Filed May 21, 2009, 4:39 p.m. , effective May 21, 2009, 4:39 p.m. ]


Effective Date of Rule: Immediately.

Purpose: Amend personal use fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 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: It is expected that the remaining halibut quota for Marine Area 1 will be taken by the end of the day May 29, 2009. This rule conforms to federal action taken by Pacific Fisheries Management Council. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: May 21, 2009.

Philip Anderson

Director


NEW SECTION
WAC 220-56-25500R   Halibut -- Seasons -- Daily and possession limits.   Notwithstanding the provisions of 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 through 11:59 p.m. May 29, 2009, Thursdays through Saturdays 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 Area 2 - Open until further notice, Sundays only.

(i) Catch Record Card Area 2 (Northern Nearshore fishery) Those waters from 4725.00'N. latitude (Queets River) south to 4658.00'N latitude and east of 12430.00'W longitude, open Thursday through Sundays only. After the primary season the northern nearshore fishery is open Thursdays through Sundays only.

(3) Catch Record Card Areas 3 and 4 - Open through May 23, 2009, Thursdays and Saturdays only, except closed May 28 through May 30, 2009.

(4) Catch Record Card Area 5 - Open through July 3, 2009, Thursdays through Mondays only.

(5) Catch Record Card Areas 6 through 11 and 13 - Open through June 5, 2009, Thursdays through Mondays only.

(6) 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 220-56-25500Q Halibut -- Seasons -- Daily and possession limits. (09-65)

Washington State Code Reviser's Office