EMERGENCY RULES
FISH AND WILDLIFE
Effective Date of Rule: Immediately.
Purpose: Amend personal use fishing rules.
Citation of Existing Rules Affected by this Order: Repealing WAC 220-56-25500B; and amending WAC 220-56-255.
Statutory Authority for Adoption: RCW 77.12.047 and 77.04.020.
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 emergency rule is necessary to conform state rules to federal regulations approved by the Pacific Fishery Management Council and adopted by the National Marine Fishery Service. The change provides fishing opportunity to recreational fishermen while continuing to provide protection to yelloweye and canary rockfish. There is insufficient time to adopt permanent rule.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 19, 2011.
Philip Anderson
Director
(1) Catch Record Card Area 1 - Open until further notice, Thursdays through Saturdays only. It is unlawful during any vessel trip to bring into port or land bottomfish except sablefish or Pacific Cod when halibut are on board.
(2) Catch Record Card Area 2 - Open until further notice, Sundays and Tuesdays only, except closed Tuesday, May 24, 2011; see (i) and (ii) below for additional details.
(i) Catch Record Card Area 2 (Northern Nearshore fishery) Those waters from 47 º31.70'N. latitude south to 46º58.00'N latitude and east of a line approximating the 30 fathom depth contour as defined by the following coordinates, open seven days per week until further notice:
47 º 31.70 N. lat, 124 º 37.03 W. long
47 º 25.67 N. lat, 124 º 34.79 W. long
47 º 12.82 N. lat, 124 º 29.12 W. long
47 º 58.00 N. lat, 124 º 24.24 W. long
(ii) Lingcod may be taken, retained and possessed seaward of the 30 fathom line on any day open to the primary halibut fishery as described in (2) above.
(3) Catch Record Card Areas 3 and 4 - Open through May 21, 2011, Thursdays and Saturdays only. The following area southwest of Cape Flattery is closed to fishing for halibut at all times:
Beginning at 48º18' N., 125º18' W.; thence to
48º18'N., 124º59'W.; thence to
48º11'N., 124º59'W.; thence to
48º11'N., 125º11'W., thence to
48º04'N., 125º11'W.; thence to
48º04'N., 124º59'W.; thence to
48ºN., 124º59'W.; thence to
48ºN., 125º18'W.; thence to point of origin.
(i) Effective May 21 through May 31, 2011, it is permissible to fish for or possess bottomfish seaward of a line approximating the 20-fathom depth contour as defined by the following coordinates:
48°23.9'N. lat., 124°44.2'W. long.
48°23.6'N. lat., 124°44.9'W. long.
48°18.6'N. lat., 124°43.6'W. long.
48°18.6'N. lat., 124°48.2'W. long.
48°10.0'N. lat., 124°48.8'W. long.
48°02.4'N. lat., 124°49.3'W. long.
47°37.6'N. lat., 124°34.3'W. long.
47°31.7'N. lat., 124°32.4'W. long.
(4) Catch Record Card Area 5 - Open May 26 through June 18, 2011, Thursdays through Saturdays only. However, May 26 through May 29, 2011, open Thursday, Friday, Saturday and Sunday.
(5) Catch Record Card Areas 6, 7, 8, 9 and 10 - Open through May 29, 2011, Thursdays through Saturdays only. However, May 26 through May 29, 2011, open Thursday, Friday, Saturday and Sunday.
(6) 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.
(7) All other permanent rules remain in effect.
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The following section of the Washington Administrative Code is repealed:
| WAC 220-56-25500B | Halibut -- Seasons -- Daily and possession limits. (11-61) |