WSR 14-11-047 EMERGENCY RULES DEPARTMENT OF FISH AND WILDLIFE [Order 14-112—Filed May 15, 2014, 3:36 p.m., effective May 19, 2014, 12:01 a.m.] Effective Date of Rule: May 19, 2014, 12:01 a.m.
Purpose: Amend recreational fishing rules.
Citation of Existing Rules Affected by this Order: Repealing WAC 220-56-25500T; and amending WAC 220-56-255.
Statutory Authority for Adoption: RCW 77.04.012, 77.04.020, and 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: The Marine Area 2 recreational halibut fishery is projected to have taken the Pacific halibut quota set aside for the primary season by the end of the day May 18, 2014. A separate quota set aside is sufficient to continue to allow halibut fishing seven days per week in the northern nearshore area. This rule conforms to federal action taken by the National Marine Fisheries Service. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 15, 2014.
Nate Pamplin
for Philip Anderson
Director
NEW SECTION
WAC 220-56-25500U Halibut—Seasons—Daily and possession limits.
Notwithstanding the provisions of WAC 220-56-255, 220-56-250, and 220-56-230, effective May 19, 2014, 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 until further notice. Thursdays through Sundays. 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 1 (Nearshore fishery) Those waters from 46°38.17'N. lat., 124°15.88'W. long., to the WA/OR border at 46°16.00'N. lat., 24°15.88'W. long (then connecting to the 40 fathom depth contour in Oregon). Open until further notice, Mondays through Wednesdays. It is permissible to retain bottomfish while having halibut onboard boats in the nearshore area.
(3) Catch Record Card Area 2 - Open through May 18, 2014, Sundays and Tuesdays only. See (a) and (b) below for additional details.
(a) 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 following coordinates, open seven days per week until further notice:
47º31.70 N. lat, 124º37.03 W. long
47º25.67 N. lat, 124º34.79 W. long
47º12.82 N. lat, 124º29.12 W. long
47º58.00 N. lat, 124º24.24 W. long
(b) 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.
(4) Catch Record Card Areas 3 and 4 - Open through May 24, 2014, Thursdays and Saturdays only. The following area southwest of Cape Flattery is closed to fishing for halibut at all times:
Beginning at 48º18' N., 125º18' W.; thence to
48º18'N., 124º59'W.; thence to
48º11'N., 124º59'W.; thence to
48º11'N., 125º11'W., thence to
48º04'N., 125º11'W.; thence to
48º04'N., 124º59'W.; thence to
48ºN., 124º59'W.; thence to
48ºN., 125º18'W.; thence to point of origin.
(a) It is unlawful to fish for or possess bottomfish seaward of a line approximating the 20-fathom depth contour. 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:
48°23.9'N. lat., 124°44.2'W. long.
48°23.6'N. lat., 124°44.9'W. long.
48°18.6'N. lat., 124°43.6'W. long.
48°18.6'N. lat., 124°48.2'W. long.
48°10.0'N. lat., 124°48.8'W. long.
48°02.4'N. lat., 124°49.3'W. long.
47°37.6'N. lat., 124°34.3'W. long.
47°31.7'N. lat., 124°32.4'W. long.
(b) In Marine Area 4 (east of the Bonilla-Tatoosh Line) it is unlawful to fish for or possess bottomfish seaward of a line approximating 120-feet (20 fathoms). Except, on days open to the Pacific halibut fishery in this areas, lingcod, and Pacific cod can be retained seaward of the 120 feet (20 fathoms) as defined by WAC 220-56-230.
(5) Catch Record Card Area 5 - Open May 22 through May 25, 2014, Thursday through Sunday. Open May 29 through May 31, 2014, Thursday through Saturday and open Saturday June 7, 2014. Halibut anglers are allowed to retain lingcod and Pacific cod caught while fishing for halibut in waters deeper than 120 feet on days when halibut fishing is open.
(6) Catch Record Card Areas 6 and 7 - Open May 22 through May 25, 2014, Thursday through Sunday. Open May 29 through May 31, 2014, Thursday through Saturday and open Saturday June 7, 2014. Halibut anglers are allowed to retain lingcod and Pacific cod caught while fishing for halibut in waters deeper than 120 feet on days that halibut fishing is open.
(7) Catch Record Card Areas 8 through 10 - Open May 22 through May 25, 2014, Thursday through Sunday. Open May 29 through May 31, 2014, Thursday through Saturday and open Saturday June 7, 2014. Halibut anglers are allowed to retain lingcod caught while fishing for halibut in waters deeper than 120 feet on days that halibut fishing is open.
(8) Catch Record Card Areas 11, 12, and 13 - Closed.
(9) 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.
(10) It is unlawful to land halibut into a port closed to halibut.
(11) All other permanent rules remain in effect.
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. REPEALER
The following section of the Washington Administrative Code is repealed effective 12:01 a.m. May 19, 2014:
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