WSR 97-14-052

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

(Fisheries)

(Wildlife)

[Order 97-110--Filed June 30, 1997, 8:06 a.m.]

Date of Adoption: June 26, 1997.

Purpose: Personal use rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-56-19100V, 220-56-19500B, 220-57-14000R, 220-57-15500B, 220-57-27000C, 220-57-37700A, 220-57-38500Z, 220-57-46000D, 232-28-61900I, 220-57-25000A, 220-57-31900N, 220-57-48000A and 232-28-61900K; repealing effective 11:59 p.m. September 30, 1997, WAC 232-12-00100A, 220-16-47000A, 220-56-19000I, 220-56-19100W, 220-56-19500C, 220-56-20500B, 220-57-13000V, 220-57-13500T, 220-57-13700D, 220-57-14000S, 220-57-15500D, 220-57-16000I, 220-57-16500A, 220-57-17500G, 220-57-18700A, 220-57-19000A, 220-57-20000L, 220-57-23000H, 220-57-23500I, 220-57-25000C, 220-57-25500B, 220-57-27000D, 220-57-28000L, 220-57-28500Q, 220-57-30000A, 220-57-31000U, 220-57-31900P, 220-57-37000G, 220-57-38500A, 220-57-41500A, 220-57-42500C, 220-57-43000H, 220-57-43500K, 220-57-46500H, 220-57-49300A, 220-57-49500C, 220-57-52500L, 232-28-61900L, 220-57-48000B, and 220-57-46000E; and amending WAC 220-56-190, 220-56-191, 220-56-195, 220-56-205, 220-57-130, 220-57-135, 220-57-137, 220-57-140, 220-57-155, 220-57-160, 220-57-165, 220-57-175, 220-57-187, 220-57-190, 220-57-200, 220-57-230, 220-57-235, 220-57-250, 220-57-270, 220-57-280, 220-57-285, 220-57-300, 220-57-319, 220-57-370, 220-57-385, 220-57-415, 220-57-425, 220-57-430, 220-57-435, 220-57-465, 220-57-493, 220-57-495, 220-57-525, 232-28-619, 232-12-001, 220-57-460, and 220-57-480.

Statutory Authority for Adoption: RCW 75.08.080 and 77.12.040.

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: These rules implement federal recommendations from the North of Falcon process of the Pacific Fisheries Management Council. They are interim until permanent rules can be filed or take effect. They provide for harvest of salmon while protecting weak and mixed stocks. They have been agreed upon by all parties in United States v. Washington.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.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 37, amended 0, repealed 49.

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.

Effective Date of Rule: Immediately.

June 26, 1997

Evan Jacoby

for Bern Shanks

Director

NEW SECTION

WAC 220-16-47000A Wild. "Wild" when used to describe the difference between a hatchery fish and a non-hatchery fish means a fish with all fins intact. A fish missing an adipose or ventral fin with a healed scar at the site is not a wild fish.

[]

NEW SECTION

WAC 220-56-19000I Coastal salmon--Seasons and limits. Notwithstanding the provisions of WAC 220-56-190, effective immediately until further notice it is unlawful to fish for or possess salmon taken for personal use from Catch Record Card Areas 1 through 4 except as provided for in this section:

(1) Area 1 - Special daily limit of 2 salmon, special cumulative limit of 4 salmon in any seven consecutive days - Sundays through Thursdays only, July 21 through September 25, except closed 0-3 miles offshore and closed in the Columbia River Mouth Control Zone 1.

(2) Area 2 - Special daily limit of 2 salmon, special cumulative limit of 4 salmon in any seven consecutive days - Sundays through Thursdays only, July 21 through September 25, except closed 0-3 miles offshore.

(3) Area 2.1 - Special daily limit of 6 salmon, not more than 3 of which may be adult salmon as defined in WAC 220-56-190 - August 16 until further notice.

(4) Area 2.2 - The Westport Boat Basin fishery as provided for in WAC 220-56-190 is unchanged. Waters east of the Channel Marker 13 line - Daily limit A except release coho salmon - September 1 through September 30.

(5) Area 3 - Special daily limit of 2 salmon - July 21 through September 25.

(6) Area 4 - Special daily limit of 2 salmon except release coho salmon - July 21 through September 25.

[]

NEW SECTION

WAC 220-56-19100W Puget Sound salmon--Seasons and daily limits. Notwithstanding the provisions of WAC 220-56-190, effective immediately until further notice it is unlawful to fish for or possess salmon taken for personal use from Catch Record Card Areas 5 through 13 except as provided for in this section:

(1) Areas 5 and 6:

(a) June 16 through June 30 - Special daily limit of 2 salmon except release coho.

(b) July 1 through July 31 - Closed.

(c) August 1 through August 10 - Special daily limit of 2 salmon except release chinook and coho.

(d) August 11 through September 15 - Special daily limit of 2 salmon except release chinook.

(2) Area 7:

(a) Immediately through July 31 - Special daily limit of 2 salmon.

(b) August 1 through September 30 - Special daily limit of 4 salmon, not more than 2 of which may be chinook or coho.

(3) Area 8.1:

(a) Immediately through August 15 - Closed.

(b) August 16 through September 15 - Special daily limit of 4 salmon not more than 2 of which may be coho and release chinook.

(c) September 16 through September 30 - Special daily limit of 2 salmon except release chinook.

(4) Area 8.2:

(a) immediately through July 31 - Closed.

(b) August 1 through September 30 - Special daily limit of 2 salmon except release chinook taken outside the Tulalip Bay Zone, defined as waters west of a line from Mission Point to Hermosa Point and within 2,000 feet from shore between the pilings at Old Bowers Resort northerly to a fishing boundary marker approximately 1.4 miles northwest of Hermosa Point.

(5) Area 9:

(a) Immediately through July 31 - Closed.

(b) August 1 through September 1 - Special daily limit of 2 salmon except release chinook.

(c) September 2 through September 30 - Closed.

(d) Notwithstanding the provision of this subsection, salmon fishing is permitted year-around from the Edmonds Public Fishing Pier - Special daily limit of 2 salmon and all salmon species may be retained.

(6) Area 10:

(a) Immediately through June 30 - Special daily limit of 2 salmon.

(b) July 1 until further notice - Special daily limit of 2 salmon, except:

(i) During the period July 1 through September 15, Elliott Bay east of a line from Pier 91 to Duwamish Head is closed.

(ii) During the period July 1 until further notice, Shilshole Bay east of a line from Meadow Point to West Point is closed.

(iii) During the period July 1 through August 31, release chinook in waters north of a line from West Point to Skiff Point and in waters northeast of the Agate Pass Bridge.

(c) Notwithstanding the provision of this subsection, salmon fishing is permitted year-around from the Elliott Bay Public Fishing Pier and Seacrest Pier - Special daily limit of 2 salmon and all salmon species may be retained.

(7) Area 11 - Immediately until further notice - Special daily limit of 2 salmon.

(8) Area 12:

(a) Immediately through July 15 - Special daily limit of 2 salmon.

(b) July 16 through September 30 - Special daily limit of 4 salmon, not more than 2 of which may be pink salmon and release all chinook and chum.

(9) Area 13 - Immediately until further notice - Special daily limit of 2 salmon.

[]

NEW SECTION

WAC 220-56-19500C Closed areas--Saltwater salmon angling. Notwithstanding the provisions of WAC 220-56-195, effective immediately until further notice the seasonal closure in Carr Inlet and Hale Passage north of a line from Penrose Point to the Carr Inlet Acoustic Range Naval Facility Pier and northwesterly of the Fox Island Bridge, and the seasonal closure in Port Susan north of a line from Camano Point to Hermosa Point are each rescinded.

[]

NEW SECTION

WAC 220-56-20500B Hook rules--Nonbuoyant lures. Notwithstanding the provisions of WAC 220-56-205 and WAC 232-12-619, effective immediately until further notice:

(1) The nonbuoyant lure restriction required by the above cited rules applies to the following waters during the periods indicated:

(a) Naselle River - Highway 101 Bridge to Highway 4 Bridge - July 1 until further notice.

(b) Nemah River Middle Fork - September 1 until further notice.

(c) Toutle River North Fork - September 1 until further notice.

(d) Green River (Cowlitz County) - mouth to 1,500 feet below hatchery rack - September 1 until further notice.

(2) The nonbuoyant lure restriction required by the above cited rules is rescinded for the following waters during the periods indicated:

(a) Naselle River - Above Highway 4 Bridge - September 1 until further notice.

(b) Willapa River - September 1 until further notice.

(c) Nemah River North Fork - September 1 until further notice.

(d) Cowlitz River - Mill Creek to Barrier Dam - Immediately through July 31.

(e) Kalama River - 200 feet above Modrow Trap to Modrow Trap - September 1 until further notice.

[]

NEW SECTION

WAC 220-57-13000V Bogachiel River. Notwithstanding the provisions of WAC 220-57-130, effective July 1 until further notice release adult coho and single point barbless hooks are required.

[]

NEW SECTION

WAC 220-57-13500T Calawah River. Notwithstanding the provisions of WAC 220-57-135, effective July 1 until further notice release adult coho and single point barbless hooks are required.

[]

NEW SECTION

WAC 220-57-13700D Carbon River. Notwithstanding the provisions of WAC 220-57-137, effective September 1 until further notice retain no more than 2 adult chinook and release all pink salmon.

[]

NEW SECTION

WAC 220-57-14000S Chehalis River. Notwithstanding the provisions of WAC 220-57-140:

(1) Effective immediately through July 15 - Daily limit A - Downstream from the high bridge on the Weyerhauser 1000 line approximately 400 yards downstream of Roger Creek.

(2) July 16 through August 30 - Closed.

(3) September 1 through September 30 - Daily limit A except release adult coho salmon - Downstream from the Porter Bridge. Single point barbless hooks required.

[]

Reviser's note: The spelling error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.

NEW SECTION

WAC 220-57-15500D Clearwater River (Jefferson County). Notwithstanding the provisions of WAC 220-57-155, effective immediately until further notice release adult coho salmon.

[]

NEW SECTION

WAC 220-57-16000J Columbia River. Notwithstanding the provisions of WAC 220-57-160, effective August 1 through September 30 - Megler-Astoria Bridge to the Buoy 10 line - Daily limit F.

[]

NEW SECTION

WAC 220-57-16500A Copalis River. Notwithstanding the provisions of WAC 220-57-165, effective July 1 until further notice - Closed.

[]

NEW SECTION

WAC 220-57-17500H Cowlitz River. Notwithstanding the provisions of WAC 220-57-175, effective August 1 until further notice it is lawful to retain chinook over 24 inches in length.

[]

NEW SECTION

WAC 220-57-18700A Deep River (Wahkiakum County). Effective August 1 until further notice, Daily limit A upstream from mouth to town bridge.

[]

NEW SECTION

WAC 220-57-19000A Deschutes River. Notwithstanding the provisions of WAC 220-57-190, effective July 1 until further notice release coho.

[]

NEW SECTION

WAC 220-57-20000L Dickey River. Notwithstanding the provisions of WAC 220-57-200, effective July 1 until further notice release adult coho and single point barbless hooks are required.

[]

NEW SECTION

WAC 220-57-23000H Elk River. Notwithstanding the provisions of WAC 220-57-230, effective July 1 until further notice - Closed.

[]

NEW SECTION

WAC 220-57-23500I Elochoman River. Notwithstanding the provisions of WAC 220-57-235, effective September 1 through September 30 it is lawful to retain salmon over 24 inches in length.

[]

NEW SECTION

WAC 220-57-25000C Grays River. Notwithstanding the provisions of WAC 220-57-250, effective September 1 until further notice release chum.

[]

NEW SECTION

WAC 220-57-25500B Green River (Cowlitz County). Notwithstanding the provisions of WAC 220-57-255, effective September 1 until further notice - Daily limit A - mouth to 1,000 Road Bridge. Closed from 1,500 feet below salmon hatchery rack to water intake at the upper end of the hatchery grounds.

[]

NEW SECTION

WAC 220-57-27000D Hoh River. Notwithstanding the provisions of WAC 220-57-270, effective immediately until further notice - Daily limit A except release adult coho - Downstream from the Highway 101 Bridge. Single point barbless hooks required.

[]

NEW SECTION

WAC 220-57-28000L Hoquiam River--All forks. Notwithstanding the provisions of WAC 220-57-280, effective July 1 until further notice - Closed.

[]

NEW SECTION

WAC 220-57-28500Q Humptulips River. Notwithstanding the provisions of WAC 220-57-285:

(1) Effective July 1 through August 31 - Closed.

(2) Effective September 1 until further notice - Daily limit A - Downstream from the Highway 101 Bridge.

[]

NEW SECTION

WAC 220-57-30000A Johns River. Notwithstanding the provisions of WAC 220-57-300, effective July 1 until further notice - Closed.

[]

NEW SECTION

WAC 220-57-31000V Kalama River. Notwithstanding the provisions of WAC 220-57-310:

(1) Effective immediately through July 31 - Downstream from the Modrow Bridge - Closed.

(2) Effective August 1 until further notice - Daily limit A downstream from the Modrow Bridge to a point 200 feet above the department's temporary rack and downstream from a point 1,500 below the temporary rack.

[]

NEW SECTION

WAC 220-57-31900P Lewis River. Notwithstanding the provisions of WAC 220-57-319:

(1) Effective August 1 until further notice release all chinook in the Lewis River mainstem and Lewis River North Fork.

(2) Effective August 16 until further notice, Lewis River North Fork - bank fishing only downstream from the mouth of Colvin Creek to Johnson Creek.

[]

NEW SECTION

WAC 220-57-37000G Puyallup River. Notwithstanding the provisions of WAC 220-57-370, effective July 16 through July 31 - Closed.

[]

NEW SECTION

WAC 220-57-38500A Quillayute River. Notwithstanding the provisions of WAC 220-57-385, effective immediately until further notice release adult coho and single point barbless hooks are required.

[]

NEW SECTION

WAC 220-57-41500A Satsop River. Notwithstanding the provisions of WAC 220-57-415, effective July 1 until further notice - Closed.

[]

NEW SECTION

WAC 220-57-42500C Skagit River. Notwithstanding the provisions of WAC 220-57-425:

(1) Effective immediately through August 15 - Closed.

(2) Effective August 16 until further notice - Special daily limit of 4 salmon, not more than 2 of which may be coho and release all chinook - Mouth to the Cascade River. Terminal gear is limited to one single barbless hook and bait is prohibited upstream from the mouth of the Sauk River.

[]

NEW SECTION

WAC 220-57-43000H Skokomish River. Notwithstanding the provisions of WAC 220-57-430

(1) Effective immediately through September 19 - Closed.

(2) Effective September 20 until further notice - Special daily limit of 6 salmon, not more than 4 of which may be adult salmon and release all adult chinook salmon - Downstream from the Highway 101 Bridge.

[]

NEW SECTION

WAC 220-57-43500K Skykomish River. Notwithstanding the provisions of WAC 220-57-435, effective September 1 until further notice release pink salmon.

[]

NEW SECTION

WAC 220-57-46000E Sol Duc River. Notwithstanding the provisions of WAC 220-57-460, effective immediately until further notice release adult coho and single point barbless hooks are required.

[]

NEW SECTION

WAC 220-57-46500H Stillaguamish River. Notwithstanding the provisions of WAC 220-57-465, effective August 16 through September 30 - Special daily limit of 4 pink salmon - Downstream from the confluence of the North and South Forks, except waters of Cook Slough are closed at all times from the water flow control structure to a point 400 feet downstream.

[]

NEW SECTION

WAC 220-57-48000B Toutle River. Notwithstanding the provisions of WAC 220-57-480, effective September 1 until further notice - Daily limit A - Toutle River North Fork, except closed upstream from the posted deadline downstream of the fish collection facility and downstream from the Highway 504 Bridge near Kidd Valley.

[]

NEW SECTION

WAC 220-57-49300A Wallace River. Effective September 1 until further notice - Special daily limit of 2 coho - Downstream from the Highway 2 Bridge.

[]

NEW SECTION

WAC 220-57-49500C Washougal River. Notwithstanding the provisions of WAC 220-57-495, effective August 1 until further notice - Daily limit A - Upstream from mouth to bridge at Salmon Falls.

[]

NEW SECTION

WAC 220-57-52500L Wynooche River. Notwithstanding the provisions of WAC 220-57-525:

(1) Effective immediately through August 31 - Closed.

(2) Effective September 1 until further notice - Release adult coho salmon and single point barbless hooks are required.

[]

NEW SECTION

WAC 232-12-00100A Definition of terms Notwithstanding the provisions of WAC 232-12-001, effective immediately until further notice, "wild" when used to describe the difference between a hatchery fish and a non-hatchery fish means a fish with all fins intact. A fish missing an adipose or ventral fin with a healed scar at the site is not a wild fish.

[]

NEW SECTION

WAC 232-28-61900L Exceptions to gamefish state-wide rules. Notwithstanding the provisions of WAC 232-28-619:

(1) Dungeness River - Effective immediately until further notice - Closed waters from junction of Gray Wolf River upstream to Gold Creek.

(2) Gray Wolf River - Effective immediately until further notice - Closed waters from junction with Dungeness River to bridge at river mile 1.0.

(3) Green River (Cowlitz County) - Effective September 1 until further notice - Closed waters from a point 1500 feet below the salmon hatchery rack upstream to the water intake at the upper end of the hatchery grounds.

(4) Lewis River, North Fork -

(a) Mouth to Johnson Creek - Open immediately until further notice. Trout: minimum length 12 inches. Release wild cutthroat and wild steelhead.

(b) Johnson Creek to Colvin Creek - Open immediately until further notice except closed waters shoreward of the cable buoy and corkline at the mouth of the Lewis River Salmon Hatchery. Fishing from any floating device prohibited August 16 until further notice. Trout: minimum length 12 inches. Release wild cutthroat and wild steelhead.

(c) Colvin Creek to overhead power lines at Mervin Dam - Release wild cutthroat and wild steelhead.

[]

REPEALER

The following sections of the Washington Administrative Code are repealed:

WAC 220-56-19100V Puget Sound salmon--Saltwater seasons and daily limits. (97-66)

WAC 220-56-19500B Closed areas--Saltwater salmon angling. (97-66)

WAC 220-57-14000R Chehalis River (97-66)

WAC 220-57-15500B Clearwater River. (Jefferson County). (97-66)

WAC 220-57-25000A Green River (Cowlitz County) (97-85)

WAC 220-57-27000C Hoh River. (97-66)

WAC 220-57-31900N Lewis River (97-85)

WAC 220-57-37700A Queets River. (97-66)

WAC 220-57-38500Z Quillayute River. (97-66)

WAC 220-57-46000D Sol Duc River. (97-66)

WAC 220-57-48000A Toutle River (North Fork) (97-85)

WAC 232-28-61900I Washington game fish--Exceptions to state-wide rules. (97-66)

WAC 232-28-61900K Regional exception to permanent game fish rules. (97-85)

The following sections of the Washington Administrative Code are repealed effective 11:59 p.m. September 30, 1997:

WAC 220-16-47000A Wild.

WAC 220-56-19000I Coastal salmon--Seasons and limits.

WAC 220-56-19100W Puget Sound salmon--Seasons and daily limits.

WAC 220-56-19500C Closed areas--Saltwater salmon angling.

WAC 220-56-20500B Hook rules--Nonbuoyant lures.

WAC 220-57-13000V Bogachiel River.

WAC 220-57-13500T Calawah River.

WAC 220-57-13700D Carbon River.

WAC 220-57-14000S Chehalis River.

WAC 220-57-15500D Clearwater River (Jefferson County).

WAC 220-57-16000J Columbia River.

WAC 220-57-16500A Copalis River.

WAC 220-57-17500H Cowlitz River.

WAC 220-57-18700A Deep River (Wahkiakum County).

WAC 220-57-19000A Deschutes River.

WAC 220-57-20000L Dickey River.

WAC 220-57-23000H Elk River.

WAC 220-57-23500I Elochoman River.

WAC 220-57-25000C Grays River.

WAC 220-57-25500B Green River (Cowlitz County).

WAC 220-57-27000D Hoh River.

WAC 220-57-28000L Hoquiam River--All forks.

WAC 220-57-28500Q Humptulips River.

WAC 220-57-30000A Johns River.

WAC 220-57-31000V Kalama River.

WAC 220-57-31900P Lewis River.

WAC 220-57-37000G Puyallup River.

WAC 220-57-38500A Quillayute River.

WAC 220-57-41500A Satsop River.

WAC 220-57-42500C Skagit River.

WAC 220-57-43000H Skokomish River.

WAC 220-57-43500K Skykomish River.

WAC 220-57-46000E Sol Duc River.

WAC 220-57-46500H Stillaguamish River.

WAC 220-57-48000B Toutle River.

WAC 220-57-49300A Wallace River.

WAC 220-57-49500C Washougal River.

WAC 220-57-52500L Wynooche River.

WAC 232-12-00100A Definition of terms.

WAC 232-28-61900L Exceptions to gamefish state-wide rules.

Legislature Code Reviser

Register

Washington State Code Reviser's Office