WSR 06-15-083

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 06-164 -- Filed July 14, 2006, 2:39 p.m. , effective July 14, 2006 ]


Effective Date of Rule: Immediately.

Purpose: Amend personal use fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-56-25500F; 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: There is sufficient quota to reopen the Columbia River (Ilwaco) recreational halibut fishery for the first weekend in August. The Pacific Fishery Management Council's catch sharing plan for halibut was revised to split the halibut quota into two portions. 70% for the fishery opening on May 1 and 30% for an additional fishing opportunity beginning August 4. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: July 14, 2006.

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 220-56-25500G   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 August 4 until further notice, except closed 12:01 a.m. of each Monday through 11:59 p.m. of each Thursday. 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 - Closed.

(c) Catch Record Card Areas 3 and 4 - Closed.

(i) Effective immediately through September 30, 2006 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 - Closed.

(e) Catch Record Card Area 5 - Open through August 5, 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 220-56-25500F Halibut seasons -- Daily and possession limits. (06-120)

Washington State Code Reviser's Office