WSR 13-11-071

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 13-103 -- Filed May 16, 2013, 11:01 a.m. , effective May 20, 2013, 12:01 a.m. ]


     Effective Date of Rule: May 20, 2013, 12:01 a.m.

     Purpose: Amend recreational fishing rules.

     Citation of Existing Rules Affected by this Order: Repealing WAC 220-56-25500R; 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: The Marine Area 2 recreational halibut fishery is projected to have taken the Pacific halibut quota set aside for the primary season and the northern nearshore set aside by the end of the day May 19, 2013. After that, the fishery must close for conservation purposes. This rule conforms to federal action taken by the National Marine Fisheries Service and 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: May 16, 2013.

Philip Anderson

Director


NEW SECTION
WAC 220-56-25500S   Halibut -- Seasons -- Daily and possession limits.   Notwithstanding the provisions of WAC 220-56-250 and WAC 220-56-255, effective 12:01 a.m. May 20, 2013, 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 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 - Closed.

     (i) Catch Record Card Area 2 (Northern Nearshore fishery) Those waters from 47º31.70'N. latitude south to 46º58.00'N latitude and east of a line approximating the 30-fathom depth contour as defined by the coordinates below: Closed.

     47 º 31.70 N. lat, 124 º 37.03 W. long

     47 º 25.67 N. lat, 124 º 34.79 W. long

     47 º 12.82 N. lat, 124 º 29.12 W. long

     47 º 58.00 N. lat, 124 º 24.24 W. long

     (3) Catch Record Card Areas 3 and 4 - Closed.

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

     (5) Catch Record Card Areas 6, 7, 8, 9 and 10 - 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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REPEALER


     The following section of the Washington Administrative Code is repealed effective 11:59 p.m. May 19, 2013:


WAC 220-56-25500R Halibut -- Areas and seasons. (13-76)