WSR 02-12-014

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 02-117 -- Filed May 24, 2002, 2:20 p.m. ]

Date of Adoption: May 24, 2002.

Purpose: Amend personal use fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-56-25500X; and 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. The catch quota for Area 1 is anticipated to have been taken by May 25. The first quota for Areas 3 and 4 is anticipated to have been taken by May 28. The fishery in Areas 3 and 4 will reopen on July 1 in accordance with provisions of the federal regulations. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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

May 24, 2002

J. P. Koenings

Director


NEW SECTION
WAC 220-56-25500Y   Halibut-seasons -- Daily limits.   Notwithstanding the provisions of WAC 220-56-255, 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 through 11:59 p.m. May 25, 2002. The daily bag limit is the first halibut over 32 inches in length brought aboard the vessel.

(2) Catch Record Card Area 2:

(a) Those waters south of the Queets River, north of 47N lat and east of 12440'W long - Open immediately until further notice.

(b) All other open waters in Area 2 - Open immediately until further notice. Closed to fishing for halibut 12:01 a.m. of each Friday through 11:59 p.m. of each Saturday.

(c) The daily bag limit is one halibut of any size

(3) Catch Record Card Areas 3 and 4: Open through 11:59 p.m. May 28, 2002. Open 12:01 a.m. July 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, except open on July 1. The following area southwest of Cape Flattery is closed to halibut fishing at all times: those waters within a rectangle defined by the following four corners: 4818'N, 12511'W; 4818'N, 12459'W; 4800'N, 12511'W; 4800'N, 12459'W. The daily bag limit is one halibut of any size.

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

(5) Catch Record Card Areas 6 through 13: Open through 11:59 p.m. July 12, 2002. Closed to fishing for halibut 12:01 a.m. of each Tuesday through 11:59 p.m. of each Wednesday. The daily bag 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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REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 220-56-25500X Halibut-seasons -- Daily limits. (02-73)

Washington State Code Reviser's Office