WSR 07-13-045

EXPEDITED RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Filed June 14, 2007, 2:12 p.m. ]

Title of Rule and Other Identifying Information: WAC 220-56-255 Bottomfish protection during closed halibut season.

NOTICE

THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Lori Preuss, Rules Coordinator, Department of Fish and Wildlife, 600 Capitol Way North, Olympia, WA 98501-1091 , AND RECEIVED BY August 21, 2007.


Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: These rules provide additional protection for bottomfish during closed halibut season. Action will minimize by-catch and targeting of depressed bottomfish populations in offshore waters.

Reasons Supporting Proposal: These rules incorporate the recommendations of the Pacific Fisheries Management Council for the conservation of bottomfish while providing for a recreational halibut fishery. Public input was sought and obtained in the council's deliberation process.

Statutory Authority for Adoption: RCW 77.04.020 and 77.12.047.

Statute Being Implemented: RCW 77.04.020 and 77.12.047.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: Washington department of fish and wildlife, governmental.

Name of Agency Personnel Responsible for Drafting: Morris Barker, 1111 Washington Street S.E., Olympia, WA, (360) 902-2826; Implementation: Phil Anderson, 1111 Washington Street S.E., Olympia, WA, (360) 902-2720; and Enforcement: Bruce Bjork, 1111 Washington Street S.E., Olympia, WA, (360) 902-2929.

June 14, 2007

Lori Preuss

Rules Coordinator

OTS-9811.1


AMENDATORY SECTION(Amending Order 06-199, filed 8/10/06, effective 9/10/06)

WAC 220-56-255   Halibut -- Seasons -- Daily and possession limits.   (1) 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 May 1 through September 30. By-catch restriction: It is unlawful during any vessel trip to bring into port or land bottomfish except sablefish if the vessel has brought halibut into port or landed halibut.

(b) Catch Record Card Area 2:

(i) Those waters south of the Queets River, north of 47 and east of 12440'W - Open May 1 through September 30.

(ii) All other waters in Area 2 - Open May 1 through September 30, 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 10 through September 30, except closed to fishing for halibut 12:01 a.m. of each Sunday through 11:59 p.m. of each Monday. The following area southwest of Cape Flattery is closed to halibut fishing at all times:

Those waters within an eastward facing "C" shaped closed area defined as: Beginning at 4818'N. lat.; 12518'W. long., thence to 4818'N. lat.; 12459'W. long., thence to 4811'N. lat.; 12459'W. long., thence to 4811'N. lat.; 12511'W. long., thence to 4804'N. lat.; 12511'W. long., thence to 4804'N. lat.; 12459'W. long., thence to 4800'N. lat.; 12459'W. long., thence to 4800'N. lat.; 12518'W. long., thence to the point of origin.

It is unlawful to fish for or possess bottomfish seaward of a line approximating the 20-fathom depth contour as defined by the following coordinates, on days and times closed to halibut fishing:

4823.9'N.; 12444.2'W.

4823.6'N.; 12444.9'W.

4818.6'N.; 12443.6'W.

4818.6'N.; 12448.2'W.

4810.0'N.; 12448.8'W.

4802.4'N.; 12449.3'W.

4737.6'N.; 12434.3'W.

4731.7'N.; 12432.4'W.

(d) Catch Record Card Area 5 - Open May 26 through July 31, 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 Areas 6 through 13 - Open April 14 through June 20, except closed to fishing for halibut 12:01 a.m. of each Tuesday through 11:59 p.m. of each Wednesday.

(2) Daily limit one halibut taken from state and offshore waters, except Canadian waters. See WAC 220-56-156 for limits on Canadian-origin 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. See WAC 220-56-156 for rules on Canadian-origin halibut possession.

(4) It is unlawful to land halibut outside the catch area in which the halibut were taken, except for Canadian-origin halibut. See WAC 220-56-156 for rules on landing Canadian-origin halibut.

[Statutory Authority: RCW 77.12.047. 06-17-057 (Order 06-199), 220-56-255, filed 8/10/06, effective 9/10/06; 05-14-035 (Order 05-130), 220-56-255, filed 6/24/05, effective 7/25/05; 03-05-057 (Order 03-24), 220-56-255, filed 2/14/03, effective 5/1/03. Statutory Authority: RCW 75.08.080 and 77.12.040. 99-15-081 (Order 99-102), 220-56-255, filed 7/20/99, effective 8/20/99; 99-08-029 (Order 99-13), 220-56-255, filed 3/30/99, effective 5/1/99; 98-06-031, 220-56-255, filed 2/26/98, effective 5/1/98. Statutory Authority: RCW 75.08.080. 97-07-078 (Order 97-53), 220-56-255, filed 3/19/97, effective 5/1/97; 95-12-027 (Order 95-46), 220-56-255, filed 5/31/95, effective 7/1/95; 94-14-069, 220-56-255, filed 7/1/94, effective 8/1/94; 93-15-011, 220-56-255, filed 7/8/93, effective 8/8/93; 93-08-034 (Order 93-20), 220-56-255, filed 3/31/93, effective 5/1/93; 89-07-060 (Order 89-12), 220-56-255, filed 3/16/89; 88-10-013 (Order 88-15), 220-56-255, filed 4/26/88; 85-10-062 (Order 85-39), 220-56-255, filed 5/1/85; 80-03-064 (Order 80-12), 220-56-255, filed 2/27/80, effective 4/1/80. Formerly WAC 220-56-071.]

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