WSR 13-10-023

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 13-76 -- Filed April 23, 2013, 10:26 a.m. , effective May 1, 2013 ]


Effective Date of Rule: May 1, 2013.

Purpose: Amend recreational fishing rules.

Citation of Existing Rules Affected by this Order: 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: This rule conforms to federal action taken by the Pacific Fisheries Management Council, International Pacific Halibut Commission and National Marine Fisheries Service. The recreational halibut quota is sufficient to provide for these seasons. These 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: April 23, 2013.

Philip Anderson

Director


NEW SECTION
WAC 220-56-25500R   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 May 3, 2013, 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 - Open May 5, through May 21, 2013, Sundays and Tuesdays only. See (i) and (ii) below for additional details.

(i) Catch Record Card Area 2 (Northern Nearshore fishery) Those waters from 4731.70'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 May 5, 2013, seven days per week until further notice:


4731.70 N. lat, 12437.03 W. long

4725.67 N. lat, 12434.79 W. long

4712.82 N. lat, 12429.12 W. long

4758.00 N. lat, 12424.24 W. long


(ii) Lingcod may be taken, retained and possessed seaward of the 30 fathom line on any day open to the primary halibut fishery as described in (2) above.

(3) Catch Record Card Areas 3 and 4 - Open May 9 through May 18, 2013, Thursdays and Saturdays only. The following area southwest of Cape Flattery is closed to fishing for halibut at all times:


Beginning at 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.; thence to

48N., 12459'W.; thence to

48N., 12518'W.; thence to point of origin.


(i) It is unlawful to fish for or possess bottomfish seaward of a line approximating the 20-fathom depth contour, from May 1, 2013, until further notice. Except, on days open to the Pacific halibut fishery in these areas, lingcod, sablefish and Pacific cod can be retained seaward of the 20 fathom depth contour as defined by the following coordinates:


4823.9'N. lat., 12444.2'W. long.

4823.6'N. lat., 12444.9'W. long.

4818.6'N. lat., 12443.6'W. long.

4818.6'N. lat., 12448.2'W. long.

4810.0'N. lat., 12448.8'W. long.

4802.4'N. lat., 12449.3'W. long.

4737.6'N. lat., 12434.3'W. long.

4731.7'N. lat., 12432.4'W. long.


(4) Catch Record Card Area 5 - Open May 23 through May 26, 2013, Thursday through Sunday only. Open May 30 through June 1, 2012, Thursday through Saturday. Open Saturday June 8, 2013.

(5) Catch Record Card Areas 6, 7, 8, 9 and 10 - Open May 2 through May 4, 2013, Thursday through Saturday. Open May 16 through May 18, 2013, Thursday through Saturday. Open May 23 through May 26, 2013, Thursday through Sunday. Open May 30 and 31, 2013, Thursday and Friday.

(6) Catch Record Card Areas 11, 12, and 13 - Closed.

(7) 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.

(8) All other permanent rules remain in effect.

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Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.