WSR 16-11-048 EMERGENCY RULES DEPARTMENT OF
FISH AND WILDLIFE
[Order 16-108—Filed May 12, 2016, 10:17 a.m., effective May 12, 2016, 10:17 a.m.] Effective Date of Rule: Immediately upon filing.
Purpose: Amend recreational fishing rules for the halibut fishery.
Citation of Existing Rules Affected by this Order: Repealing WAC 220-56-25500E; and amending WAC 220-56-255.
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: An emergency rule is needed to close halibut fishing in Marine Area 2 because the recreational halibut fishery has taken the Pacific halibut quota set aside for the all depth fishery. There are not enough quota pounds remaining for another day. There is sufficient quota set aside to allow fishing in the Marine Area 2 nearshore area until further notice. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 12, 2016.
J. W. Unsworth
Director
NEW SECTION
WAC 220-56-25500F Halibut—Seasons—Daily and possession limits.
Notwithstanding the provisions of WAC 220-56-255, 220-56-250, and 220-56-230, 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
(a) Open until further notice, Thursdays through Sundays.
(b) It is unlawful during any vessel trip to bring into port or land bottomfish except sablefish, Pacific Cod, or flat fish species when halibut are on board.
(2) Catch Record Card Area 1 (Nearshore fishery) Those waters shoreward 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).
(a) Open until further notice, Mondays through Wednesdays.
(b) It is permissible to retain bottomfish while possessing halibut onboard boats in the nearshore area.
(3) Catch Record Card Area 2 - Closed.
(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 provided in subsection (2) above.
(4) Catch Record Card Areas 3 and 4
(a) Open May 12 and May 14, 2016.
(b) 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.
(c) 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, it is permissible to retain lingcod, sablefish and Pacific cod 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.
(d) 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 area, it is permissible to retain lingcod, and Pacific cod seaward of the 120 feet (20 fathoms) as defined by WAC 220-56-230.
(5) Catch Record Card Area 5 through 10
(a) Open May 12, 13, 14 and May 26 through May 29, 2016.
(b) It is permissible for halibut anglers to retain lingcod and Pacific cod caught while fishing for halibut in waters deeper than 120 feet on days when halibut fishing is open in Areas 5 and 6.
(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.
(9) It is unlawful to land halibut in a port within an area closed to halibut fishing.
REPEALER
The following section of the Washington Administrative Code is repealed:
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