WSR 09-14-047

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 09-122 -- Filed June 24, 2009, 4:07 p.m. , effective June 24, 2009, 4:07 p.m. ]


     Effective Date of Rule: Immediately.

     Purpose: Amend personal use fishing rules.

     Citation of Existing Rules Affected by this Order: Repealing WAC 220-56-25500S and 220-56-25500T; 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: The south coast (Westport) recreational halibut fishery is projected to have taken the Pacific halibut quota set aside for the primary season. This rule conforms to federal action taken by the Pacific Fisheries Management Council. 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 2.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 24, 2009.

Philip Anderson

Director


NEW SECTION
WAC 220-56-25500T   Halibut--Seasons--Daily and possession limits.   Notwithstanding the provisions of WAC 220-56-255, effective immediately until further notice, it is unlawful to fish for or possess halibut taken for personal use, except as provided in this section:

     (1) Marine Area 1 - Closed.

     (2) Marine Area 2 - Open 12:01 a.m. through 11:59 p.m. June 28 only, except for Northern Nearshore fishery (see below).

     (i) Marine Area 2 (Northern Nearshore fishery): Those waters from 47º25.00'N. latitude (Queets River) south to 46º58.00'N latitude and east of 124º30.00'W longitude, open through September 30, 2009, Thursday through Sundays only.

     (3) Marine Areas 3 and 4 - Closed.

     (4) Marine Area 5 - Open through July 3, 2009, Thursdays through Mondays only.

     (5) Marine Areas 6 through 11 and 13 - Closed.

     (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.

[]


REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 220-56-25500S Halibut--Seasons--Daily and possession limits. (09-99)
     The following section of the Washington Administrative Code is repealed effective 12:01 a.m. October 1, 2009:


WAC 220-56-25500T Halibut--Seasons--Daily and possession limits.

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