WSR 12-12-001

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 12-96 -- Filed May 23, 2012, 3:55 p.m. , effective May 23, 2012, 3:55 p.m. ]


     Effective Date of Rule: Immediately.

     Purpose: Amend recreational fishing rules.

     Citation of Existing Rules Affected by this Order: Repealing WAC 220-56-25500M; and amending WAC 220-56-255.

     Statutory Authority for Adoption: RCW 77.12.047 and 77.04.020.

     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 halibut quota remaining in Marine Areas 3 and 4 to reopen the recreational halibut fishery for two more days. This rule conforms to federal action taken by the National Marine Fisheries Service and the International Pacific Halibut Commission. There is insufficient time to adopt 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 23, 2012.

Joe Stohr

for Philip Anderson

Director


NEW SECTION
WAC 220-56-25500N   Halibut -- Seasons -- Daily and possession limits.   Notwithstanding the provisions of WAC 220-56-250 and WAC 220-56-255, effective immediately until further notice, it is unlawful to fish for or possess halibut taken for personal use, except as provided in this section:

     (1) Catch Record Card Area 1 - Open until further notice, Thursdays through Saturdays only. It is unlawful during any vessel trip to bring into port or land bottomfish except sablefish or Pacific Cod when halibut are on board. Fishery will reopen on August 3 through September 30, 2012, Fridays through Sundays only.

     (2) Catch Record Card Area 2 - Closed.

     (i) Catch Record Card Area 2 (Northern Nearshore fishery) - Those waters from 47º31.70'N. latitude south to 46º58.00'N latitude and east of a line approximating the 30-fathom depth contour as defined by the following coordinates, open seven days per week until further notice:

     47º31.70 N. lat, 124º37.03 W. long

     47º25.67 N. lat, 124º34.79 W. long

     47º12.82 N. lat, 124º29.12 W. long

     47º58.00 N. lat, 124º24.24 W. long

     (ii) Lingcod may be taken, retained and possessed seaward of the 30 fathom line on any day open to the primary halibut fishery as described in (2) above.

     (3) Catch Record Card Areas 3 and 4 - Open Thursday May 31 and Saturday June 2, 2012. The following area southwest of Cape Flattery is closed to fishing for halibut at all times:

     Beginning at 48º18'N., 125º18'W.; thence to

     48º18'N., 124º59'W.; thence to

     48º11'N., 124º59'W.; thence to

     48º11'N., 125º11'W., thence to

     48º04'N., 125º11'W.; thence to

     48º04'N., 124º59'W.; thence to

     48ºN., 124º59'W.; thence to

     48ºN., 125º18'W.; thence to point of origin.

     (4) Catch Record Card Area 5 - Open May 24 through May 28, 2012, Thursday through Monday only. Open May 31 through June 23, 2012, Thursdays, Fridays and Saturdays.

     (5) Catch Record Card Areas 6, 7, 8, 9 and 10 - Open May 24 through May 28, 2012, Thursday through Monday only. Open May 31 through June 2, 2012, Thursday, Friday and Saturday.

     (6) Catch Record Card Areas 11, 12, and 13 - Closed.

     (7) Daily limit one halibut, no minimum size limit. The possession limit is two daily limits of halibut in any form, except the possession limit aboard the fishing vessel is one daily limit.

     (8) It is unlawful to land halibut in a port closed to recreational halibut fishing, except halibut lawfully caught in Canada.

     (9) All other permanent rules remain in effect.

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REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 220-56-25500M Halibut -- Seasons -- Daily and possession limits. (12-87)

© Washington State Code Reviser's Office