[Order 20-139—Filed July 21, 2020, 12:36 p.m., effective August 6, 2020]

Effective Date of Rule: August 6, 2020.

Purpose: The purpose of this rule is to open recreational halibut seasons in Marine Areas 1 through 10 and to align sport fishing rules with federal rules adopted by the National Marine Fisheries Service.

Citation of Rules Affected by this Order: Repealing WAC 220-314-03000Z; and amending WAC 220-314-030.

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: Under the Halibut Convention Act, the National Marine Fisheries Service has the authority to promulgate regulations for domestic halibut regulations and the states are required to conform. Therefore, this rule conforms to the National Marine Fisheries Service's final rule, which is consistent with the actions taken by the Pacific Fishery Management Council and the International Pacific Halibut Commission.

The recreational halibut quota is sufficient to provide for these seasons. Halibut catch will be closely monitored by the Washington department of fish and wildlife staff, the season could close earlier if quotas are achieved. Conversely, if catch is slower than anticipated, it is possible that additional days could be added to the season. In Marine Areas 1 and 2, proposed additional days include, Friday, August 28; Friday, September 4; and Friday, September 11. No recreational halibut fishing days will be open beyond September 30.

The immediate adoption of this rule is necessary for the preservation of the public health, safety, or general welfare, and observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.

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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.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: July 21, 2020.

WAC 220-314-03000ZHalibut—Seasons—Daily and possession limits.

Notwithstanding the provisions of WAC 220-314-040, and 220-314-010, effective August 6 through September 30, 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 220-314-040, and 220-314-010, including Yelloweye Rockfish Conservation Areas (YRCA), not addressed herein, remain in effect unless otherwise amended by emergency rule:

(1) Catch Record Card Area 1:

(a) Open August 6, 13, 16, 20, 23, 27, and 30; September 3, 6, 10, 13, 17, 20, 24, and 27, 2020. (Thursday, August 6, then Thursdays and Sundays, beginning August 13 through September 27, 2020.)

(b) Lingcod can be retained when halibut are on board, during the halibut season north of the Washington-Oregon border.

(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 August 10, 11, 12, 17, 18, 19, 24, 25, 26, and 31; September 1, 2, 7, 8, 9, 14, 15, 16, 21, 22, 23, 28, 29, and 30 2020. (Mondays through Wednesdays, beginning August 10 through September 30, 2020.)

(b) It is permissible to retain bottomfish while possessing halibut onboard boats in the nearshore area.

(3) Catch Record Card Area 2:

Open August 6, 13, 16, 20, 23, 27, and 30; September 3, 6, 10, 13, 17, 20, 24, and 27, 2020. (Thursday, August 6, then Thursdays and Sundays, beginning August 13 through September 27, 2020.)

(4) Card Areas 3 and 4:

Open August 6, 7, 8, 13, 14, 15, 20, 21, 22, 27, 28, and 29; September 3, 4, 5, 10, 11, 12, 17, 18, 19, 24, 25, and 26, 2020. (Thursdays through Saturdays beginning August 6 through September 26, 2020.)

(5) Catch Record Card Area 5 through 10:

(a) Open August 6, 7, 8, 13, 14, 15, 20, 21, 22, 27, 28, and 29; September 3, 4, 5, 10, 11, 12, 17, 18, 19, 24, 25, and 26, 2020. (Thursdays through Saturdays beginning August 6 through September 26, 2020.)

(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.

(6) Catch Record Card Areas 11, 12 and 13: Closed.

The following section of the Washington Administrative Code is repealed October 1, 2020:

Halibut—Seasons—Daily and possession limits. (19-139)