WSR 06-11-026

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 06-95 -- Filed May 8, 2006, 9:30 a.m. , effective May 8, 2006 ]


Effective Date of Rule: Immediately.

Purpose: Amend personal use fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-56-25500A; 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 regulation is necessary to implement federal rules on halibut seasons. The adoption of state rules is required to provide consistency to state and federal rules regarding halibut fishing. The Pacific Council has adopted harvest guidelines for yelloweye rockfish for state recreational fisheries to ensure that rebuilding goals are met. Management measures to achieve these rebuilding goals include prohibiting the retention of yelloweye rockfish in recreational fisheries to encourage conservation of the stock and discourage targeting by anglers. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: May 5, 2006.

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 220-56-25500B   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 - Open until further notice. By-catch restriction: It is unlawful during any vessel trip to bring into port or land bottomfish except sablefish or Pacific Cod if the vessel has brought halibut into port or landed halibut during that trip.

(b) Catch Record Card Area 2:

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

(ii) All other waters in Area 2 - Open until further notice, except closed to fishing for halibut 12:01 a.m. of each Friday through 11:59 p.m. of each Saturday.

(c) Catch Record Card Areas 3 and 4 - Open May 9 until further notice, except closed to fishing for halibut 12:01 a.m. each Sunday through 11:59 p.m. each Monday, 12:01 a.m. through 11:59 p.m. each Wednesday and 12:01 a.m. through 11:59 p.m. each Friday. The following area southwest of Cape Flattery is closed to fishing for halibut at all times:


Beginning at 4818' N., 12518' W.; thence to

4818'N., 12459'W.; thence to

4811'N., 12459'W.; thence to

4811'N., 12511'W., thence to

4804'N., 12511'W.; thence to

4804'N., 12459'W.; thence to

48N., 12459'W.; thence to

48N., 12518'W.; thence to point of origin.

(i) Effective May 22, 2006 until further notice, on days when halibut fishing is closed in Catch Record Card Areas 3 and 4 it is unlawful to fish for or possess rockfish and lingcod seaward of a line approximating the 20-fathom depth contour as defined by the following coordinates:

Beginning at the Bonilla-Tatoosh line, at 48 23.87' N; 124 44.17' W

Then to 48 23.60' N; 124 44.90' W

Then to 48 19.10' N; 124 43.40' W

Then to 48 18.20' N; 124 46.40' W (intersection with 3-mile line)

Then follow the 3-mile line south to the Queets River (47 31.70' N)

(d) Catch Record Card Areas 6 through 11 and Catch Record Area 13 - Open through June 18, 2006, except closed to fishing for halibut 12:01 a.m. of each Tuesday through 11:59 p.m. of each Wednesday.

(e) Catch Record Card Area 5 - Open May 25, 2006 until further notice, except closed to fishing for halibut 12:01 a.m. of each Tuesday through 11:59 p.m. of each Wednesday.

(f) Daily limit one halibut. 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 220-56-25500A Halibut seasons -- Daily and possession limits. (06-63)

Washington State Code Reviser's Office