WSR 02-09-045

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 02-73 -- Filed April 12, 2002, 3:40 p.m. , effective May 1, 2002 ]

Date of Adoption: April 12, 2002.

Purpose: Amend personal use rules.

Citation of Existing Rules Affected by this Order: Amending WAC 220-56-255.

Statutory Authority for Adoption: RCW 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: This rule is needed to comply with regulations issued by the National Marine Fisheries Service to regulate the halibut fishery in 2002. The final rules were published in the Federal Register on March 20, 2002. There is insufficient time to promulgate 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Effective Date of Rule: May 1, 2002.

April 12, 2002

Sara G. LaBorde

for Jeff Koenings

Director


NEW SECTION
WAC 220-56-25500X   Halibut -- Seasons -- Daily limits.   Notwithstanding the provisions of WAC 220-56-255, effective May 1, 2002 until further notice it is unlawful to fish for or possess halibut taken for personal use except as provided

for in this section:

(1) Catch Record Card Area 1: Open May 1, 2002 until further notice. The daily limit is the first halibut 32 inches in length or greater brought aboard the vessel.

(2) Catch Record Card Area 2:

(a) Those waters south of the Queets River, north of 47N latitude and east of 12440'W longitude - Open May 1, 2002 until further notice. The daily limit is one halibut of any size.

(b) All other waters of Marine Area 2 - Open May 1, 2002 until further notice. Closed to fishing for halibut 12:01 a.m. of each Friday through 11:59 p.m. each Saturday. The daily limit is one halibut of any size.

(3) Catch Record Card Areas 3 and 4: Open May 1, 2002 until further notice. Closed to fishing for halibut 12:01 a.m. of each Sunday through 11:59 p.m. of each Monday. The following area southwest of Cape Flattery is closed to halibut fishing at all times in those waters within a rectangle defined by the following corners: 4818'N, 12511'W; 4818'N, 12459'W; 4800'N, 12511'W; 4800'N, 12459'W. The daily limit is one halibut of any size.

(4) Catch Record Card Area 5: Open May 23, 2002 through July 26, 2002. Closed to fishing for halibut 12:01 a.m. of each Tuesday through 11:59 p.m. of each Wednesday. The daily limit one halibut of any size.

(5) Catch Record Card Areas 6-13: Open May 9, 2002 through July 12, 2002. Closed to fishing for halibut 12:01 am of each Tuesday through 11:59 p.m. of each Wednesday. The daily limit is one halibut of any size.

(6) The possession limit is two daily limits of halibut in any form, except the possession limit aboard the fishing vessel is one daily limit.

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Washington State Code Reviser's Office