WSR 07-16-008

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 07-146 -- Filed July 18, 2007, 4:24 p.m. , effective July 18, 2007, 4:24 p.m. ]


     Effective Date of Rule: Immediately.

     Purpose: Amend personal use fishing rules.

     Citation of Existing Rules Affected by this Order: Repealing WAC 220-56-25500T; 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 rule conforms to federal action taken by Pacific Fisheries Management Council. There is sufficient recreational halibut quota to provide for additional fishing in Marine Area 1. 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 18, 2007.

J. P. Koenings

Director


NEW SECTION
WAC 220-56-25500U   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 as provided in this section:

     (a) Catch Record Card Area 1 - Open August 3, 2007, until further notice, except closed to fishing for halibut 12:01 a.m. of each Monday through 11:59 p.m. of each Thursday. 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.

     (c) Catch Record Card Areas 3 and 4 - Open only 12:01 a.m. through 11:59 p.m. July 22, 2007.

     (i) Effective immediately until further notice, on days when halibut fishing is closed in Catch Record Card Areas 3, and 4, unless otherwise provided, 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:


     48° 23.9' N.; 124° 44.2' W.

     48° 23.6' N.; 124° 44.9' W.

     48° 18.6' N.; 124° 43.6' W.

     48° 18.6' N.; 124° 48.2' W.

     48° 10.0' N.; 124° 48.8' W.

     48° 02.4' N.; 124° 49.3' W.

     47° 37.6' N.; 124° 34.3' W.

     47° 31.7' N.; 124° 32.4' W.


     (ii) The following area southwest of Cape Flattery is closed to fishing for halibut at all times:


     Beginning at 48°18'N., 125°18'W.

     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.


     (d) Catch Record Card Areas 6 through 11 and Catch Record Card Area 13 - Closed.

     (e) Catch Record Card Area 5 - Open through August 3, 2007, 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:


WAC 220-56-25500T Halibut -- Seasons -- Daily and possession limits. (07-142)

© Washington State Code Reviser's Office