WSR 06-11-073

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 06-102 -- Filed May 15, 2006, 3:43 p.m. , effective May 17, 2006, 11:59 p.m. ]


     Effective Date of Rule: May 17, 2006, 11:59 p.m.

     Purpose: Amend personal use fishing rules.

     Citation of Existing Rules Affected by this Order: Repealing WAC 220-56-25500B; 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: The recreational halibut fishery in Catch Record Card Area 2 (Westport) is projected to attain its portion of the Pacific halibut quota. 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 12, 2006.

Aletta Early

for Jeff Koenings

Director


NEW SECTION
WAC 220-56-25500C   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 - Closed effective 11:59 p.m. May 17, 2006.

     (c) Catch Record Card Areas 3 and 4 - Open 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 48°18' N., 125°18' W.; thence to

     48°18'N., 124°59'W.; thence to

     48°11'N., 124°59'W.; thence to

     48°11'N., 125°11'W., thence to

     48°04'N., 125°11'W.; thence to

     48°04'N., 124°59'W.; thence to

     48°N., 124°59'W.; thence to

     48°N., 125°18'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.

[]


REPEALER

     The following section of the Washington Administrative code is repealed effective 11:59 p.m. May 17, 2006:


WAC 220-56-25500B Halibut seasons -- Daily and possession limits. (06-95)

© Washington State Code Reviser's Office