WSR 05-17-134

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 05-184 -- Filed August 19, 2005, 3:41 p.m. , effective August 19, 2005 ]


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 77.12.240.

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 rate of incidental catch of canary rockfish is higher this year as compared to last year, and the Washington recreational fishery is projected to achieve, and may exceed, the harvest guideline adopted by the Pacific Council. In order to manage this harvest guideline, the department committed to take inseason action to prohibit fishing for bottomfish seaward of a line approximating the 30 fathom depth contour in an effort to slow down the catch rate of canary rockfish. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: August 18, 2005.

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 220-56-25500Y   Halibut -- Seasons -- Daily and possession limits.   (1) 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 from the areas or in excess of the amounts provided for in this section:

(a) Catch Record Card Area 1 - Closed

(b) Catch Record Card Area 2 - Closed, except lawful to retain halibut from 12:01 a.m. each Friday through 11:50 p.m. Saturday until further notice, in those waters south of Queets River (47 deg, 31.70'N lat.) to 47 deg, 00.00'N lat. and east of a line approximating 30 fathoms, as defined in the following coordinates:


4731.70'N lat. 12437.03'W long.;
4725.67'N lat. 12434.79'W long.;
4712.82'N lat. 12429.12'W long.;
4652.94'N lat. 12422.58'W long.;
4644.18'N lat. 12418.00'W long.;
4638.17'N lat. 12415.88'W long.

(c) Catch Record Card Areas 3 through 13 - Closed.

(2) Daily limit one halibut.

(3) 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 and possession limits. (05-147)

Washington State Code Reviser's Office