WSR 20-11-051
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 20-83—Filed May 18, 2020, 4:39 p.m., effective May 18, 2020, 4:39 p.m.]
Effective Date of Rule: Immediately upon filing.
Purpose: Amend recreational halibut rules to open seasons in Marine Areas 5 through 10.
Citation of Rules Affected by this Order: Repealing WAC 220-314-03000X; and amending WAC 220-314-030.
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 is in line with federal action taken by the Pacific Fisheries Management Council, International Pacific Halibut Commission and the interim final rule adopted by the National Marine Fisheries Service. Season dates are structured to be open on alternating days to support the governor's stay at home order and recommendations to limit travel in response to the COVID-19 pandemic. The recreational halibut quota is sufficient to provide for these seasons. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 18, 2020.
Kelly Susewind
Director
NEW SECTION
WAC 220-314-03000XHalibut—Seasons—Daily and possession limits.
Notwithstanding the provisions of WAC 220-314-030, 220-314-040, and 220-314-010, effective immediately until further notice, it is unlawful to fish for or possess halibut taken for personal use, except as provided in this section. All other provisions of WAC 220-314-030, 220-314-040, and 220-314-010 not addressed herein, and unless otherwise amended, remain in effect:
Catch Record Card Area 5 through 10: Open May 20, 22, 24, 26, 28, 30, June 1, 3, 5, 7, 9, 11, 13, 15, 17, 19, 21, 23, 25, 27, 29.
(a) 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 Area 5.
(b) 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.
(c) It is unlawful to land halibut in a port within an area closed to halibut fishing.
(d) Annual halibut limit is four.
(e) All other permanent rules remain in effect.
REPEALER
The following section of the Washington Administrative Code is repealed effective June 30, 2020:
WAC 220-314-03000X | Halibut—Seasons—Daily and possession limits. |