WSR 20-13-066
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 20-111—Filed June 15, 2020, 5:09 p.m., effective June 15, 2020, 5:09 p.m.]
Effective Date of Rule: Immediately upon filing.
Purpose: This rule is needed to ensure that anglers retain lingcod seaward of the one hundred twenty-foot depth restriction line in Marine Area 5 only on days with seasons open for both lingcod and halibut.
Citation of Rules Affected by this Order: Repealing WAC 220-314-03000X and 220-314-03000Y; 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 needed to clarify that in Marine Area 5, lingcod retention is allowed seaward of the one hundred twenty foot depth restriction only on days with seasons open for both lingcod and halibut. Without this rule change, anglers might interpret the rule as allowing lingcod retention seaward of the one hundred twenty-foot depth restriction on days that halibut seasons are open, but lingcod seasons are closed.
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. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 2.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: June 15, 2020.
Kelly Susewind
Director
NEW SECTION
WAC 220-314-03000YHalibut—Seasons—Daily and possession limits.
Notwithstanding the provisions of WAC 220-314-030, 220-314-040, and 220-314-010, effective immediately through June 29, 2020, 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 June 15, 17, 19, 21, 23, 25, 27, 29:
(a) On season days that are open to both lingcod and halibut fishing in Marine Area 5, it is permissible for halibut anglers to retain lingcod caught while fishing for halibut in waters deeper than 120 feet.
(b) It is permissible for halibut anglers to retain Pacific cod caught while fishing for halibut in waters deeper than 120 feet on days when halibut fishing is open in Area 5
(c) 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.
(d) It is unlawful to land halibut in a port within an area closed to halibut fishing.
(e) Annual halibut limit is four.
(f) All other permanent rules remain in effect.
REPEALER
The following section of the Washington Administrative Code is repealed effective immediately:
WAC 220-314-03000X | Halibut—Seasons—Daily and possession limits. |
The following section of the Washington Administrative Code is repealed effective June 30, 2020:
WAC 220-314-03000Y | Halibut—Seasons—Daily and possession limits. |