09-17-002

WSR 09-17-002

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 09-162 -- Filed August 5, 2009, 2:56 p.m. , effective August 7, 2009, 12:01 a.m. ]

     Effective Date of Rule: August 7, 2009, 12:01 a.m.

     Purpose: Amend personal use fishing rules.

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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 2.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: August 5, 2009.

Lori Preuss

for Philip Anderson

Director

NEW SECTION
WAC 220-56-25500U   Halibut -- Seasons -- Daily and possession limits.   Notwithstanding the provisions of WAC 220-56-255, effective 12:01 a.m. August 7, 2009, until further notice, it is unlawful to fish for or possess halibut taken for personal use, except as provided in this section:

     (1) Marine Area 1 - Open 12:01 a.m. August 7, 2009 until further notice, Fridays, Saturdays and Sundays only.

     (2) Marine Area 2 - (Northern Nearshore fishery): Those waters from 47?25.00'N. latitude (Queets River) south to 46?58.00'N latitude and east of 124?30.00'W longitude, open through September 30, 2009, Thursday through Sundays only.

     (3) 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.

     (4) All other permanent rules remain in effect.

[]

REPEALER

     The following section of the Washington Administrative Code is repealed effective 12:01 a.m. August 7, 2009:

WAC 220-56-25500T

Halibut -- Seasons -- Daily and possession limits. (09-122)

     The following section of the Washington Administrative Code is repealed effective 12:01 a.m. October 1, 2009:

WAC 220-56-25500U

Halibut -- Seasons -- Daily and possession limits.