WSR 09-07-072

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 09-29 -- Filed March 13, 2009, 3:38 p.m. , effective March 14, 2009 ]


Effective Date of Rule: March 14, 2009.

Purpose: Amend commercial fishing rules.

Citation of Existing Rules Affected by this Order: Amending WAC 220-56-230.

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: Canary and yelloweye rockfish are two of seven overfished groundfish stocks that are managed under rebuilding plans by the Pacific Fishery Management Council (PFMC). The PFMC has adopted harvest guidelines for canary rockfish for state recreational fisheries to ensure that rebuilding goals are achieved. Depth restrictions have been effective in avoiding early canary and yelloweye rockfish harvest guideline attainment. The PFMC adopted these management measures for the 2009 season to provide continued protection to yelloweye rockfish. This regulation closes all species of bottomfish, including lingcod and halibut. These rules conform to federal regulations adopted by the PFMC. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: March 13, 2009.

Joe Stohr

for Philip Anderson

Director


NEW SECTION
WAC 220-56-23000H   Bottomfish closed areas.   Notwithstanding the provisions of WAC 220-56-230, WAC 220-56-235, and WAC 220-56-250:

(a) Effective 12:01 a.m. March 14 through June 15, 2009, it is unlawful to take, fish for or possess bottomfish seaward of 30 fathoms in Marine Area 2, except that effective May 1 through June 15, 2009, a person may fish for and possess sablefish and Pacific Cod seaward of 30 fathoms in Marine Area 2.


The following coordinates define the 30-fathom line:

4731.70'N lat.

4725.67'N lat.

4712.82'N lat.

4652.94'N lat.

4644.18'N lat.

4638.17'N lat.

12437.03'W long.;

12434.79'W long.;

12429.12'W long.;

12422.58'W long.;

12418.00'W long.;

12415.88'W long.


(b) Effective March 14, 2009, until further notice, it is unlawful to take, fish for or possess bottomfish taken for personal use in waters defined in the following coordinates of Marine Area 2:


South Coast Yelloweye Rockfish Conservation Areas:

4658.00'N lat.

4655.00'N lat.

4655.00'N lat.

4658.00'N lat.

12448.00'W long.;

12448.00'W long.;

12449.00'W long.;

12449.00'W long.


Westport Offshore Yelloweye Rockfish Conservation Areas:

4654.30'N lat.

4654.30'N lat.

4653.30'N lat.

4653.30'N lat.

12453.40'W long.;

12451.00'W long.

12451.00'W long.;

12453.40'W long.

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Washington State Code Reviser's Office