10-12-050

WSR 10-12-050

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 10-138 -- Filed May 26, 2010, 1:08 p.m. , effective May 26, 2010, 1:08 p.m. ]

     Effective Date of Rule: Immediately.

     Purpose: Amend personal use fishing rules.

     Citation of Existing Rules Affected by this Order: Repealing WAC 220-56-25500W; 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: The Marine Area 2 recreational halibut fishery is projected to have taken the Pacific halibut quota set aside for the primary season. A separate quota set aside is sufficient to continue to allow halibut fishing seven days per week in the northern nearshore area. There is sufficient halibut quota remaining in Marine Areas 3 and 4 to reopen the recreational halibut fishery for two days. This rule conforms to federal action taken by the Pacific Fisheries Management Council. 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 26, 2010.

Philip Anderson

Director

NEW SECTION
WAC 220-56-25500X   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.

     (2) Catch Record Card Area 2 (Northern Nearshore fishery) Those waters from 47 ?31.70'N. latitude south to 46?58.00'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:

     47 ? 31.70 N. lat, 124 ? 37.03 W. long

     47 ? 25.67 N. lat, 124 ? 34.79 W. long

     47 ? 12.82 N. lat, 124 ? 29.12 W. long

     46 ? 58.00 N. lat, 124 ? 24.24 W. long

     (3) Catch Record Card Areas 3 and 4 - Open June 3 and June 5, 2010, Thursday and Saturday only. 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.

     (4) Catch Record Card Area 5 - Open May 28 through May 30, 2010, Friday through Sunday only. Open June 3 through June 19, 2010, Thursdays through Saturdays only.

     (5) Catch Record Card Areas 6, 7, 8, 9 and 10 - Open May 28 through May 30, 2010, Friday through Sunday only.

     (6) 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.

     (7) All other permanent rules remain in effect.

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REPEALER

     The following section of the Washington Administrative code is repealed:

WAC 220-56-25500W

Halibut -- Areas and seasons. (10-110)