WSR 17-13-034 EMERGENCY RULES DEPARTMENT OF FISH AND WILDLIFE [Order 17-113—Filed June 13, 2017, 2:08 p.m., effective July 1, 2017] Effective Date of Rule: July 1, 2017.
Purpose: Amend recreational fishing rules for bottomfish.
Citation of Existing Rules Affected by this Order: Amending WAC 220-310-110 and 220-314-020.
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: This emergency rule is needed to require a descending device to be on board vessels and rigged for deployment when recreational fishing for bottomfish and halibut, and anglers are encouraged to use them when releasing all rockfish. Conservation measures such as reduced bag limits in place for other bottomfish species are not needed to protect the coastal surf perch resource. Descending devices used to release rockfish back to the depth of capture significantly improve the survivability of rockfish that are released. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: June 13, 2017.
J. W. Unsworth
Director
NEW SECTION
WAC 220-310-11000A Angling gear—Lawful and unlawful acts.
Notwithstanding the provisions of WAC 220-310-110, effective July 1, 2017, until further notice, in Marine Areas 1 through 3 and Marine Area 4 (west of the Bonilla-Tatoosh line) it is unlawful for any person to take, fish for, or possess bottomfish or halibut taken for personal use, to fail to have onboard the vessel a fish descending or fish recompression device, rigged for immediate use, and capable of rapidly returning fish to depth of capture.
NEW SECTION
WAC 220-314-02000A Possession limits—Bottomfish.
Notwithstanding the provisions of WAC 220-314-020, effective July 1, 2017, until further notice, in Marine Areas 1 through 3 and Marine Area 4 (west of the Bonilla-Tatoosh line) the daily limit for surfperch is 12.
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