WSR 11-16-065

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 11-176 -- Filed July 29, 2011, 1:47 p.m. , effective July 29, 2011, 1:47 p.m. ]


Effective Date of Rule: Immediately.

Purpose: Amend personal use fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-56-25500I; 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: Federal regulations allow the northern nearshore halibut fishery to remain open until the quota is taken, or September 30, whichever occurs first. There is sufficient halibut quota remaining in Marine Area 2 to allow the fishery to remain open through July 31, 2011. This rule conforms to federal action taken by the National Marine Fisheries Service and approved by 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: July 29, 2011.

Lori Preuss

for Philip Anderson

Director


NEW SECTION
WAC 220-56-25500J   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 5, 2011, until further notice, 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 Area 2

(i) Primary season - Closed.

(ii) Northern Nearshore fishery - Open through July 31, 2011, in those waters from 47 31.70'N. latitude south to 4658.00'N latitude and east of a line approximating the 30 fathom depth contour as defined by the following coordinates: open seven days per week until further notice.


47 31.70 N. lat, 124 37.03 W. long

47 25.67 N. lat, 124 34.79 W. long

47 12.82 N. lat, 124 29.12 W. long

46 58.00 N. lat, 124 24.24 W. long


(3) Catch Record Card Areas 3, 4, 5, 6, 7, 8, 9, 10, 11, 12 and 13 - Closed.

(4) Daily limit one halibut; no minimum size limit. The possession limit is two daily limits of halibut in any form, except that the possession limit aboard the fishing vessel is one daily limit.

(5) All other permanent rules remain in effect.

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REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 220-56-25500I Halibut -- Seasons -- Daily and possession limits. (11-166)

Washington State Code Reviser's Office