WSR 99-10-049

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 99-58-- Filed April 30, 1999, 4:39 p.m. , effective May 1, 1999, 12:01 a.m. ]

Date of Adoption: April 30, 1999.

Purpose: Personal use rules.

Citation of Existing Rules Affected by this Order: Repealing, see repealer section below; and amending WAC 220-16-550, 220-56-105, 220-56-115, 220-56-124, 220-56-191, 220-56-195, 220-56-205, 220-56-235, 220-56-255, 220-57-135, 220-57-140, 220-57-145, 220-57-165, 220-57-175, 220-57-187, 220-57-200, 220-57-255, 220-57-270, 220-57-315, 220-57-319, 220-57-335, 220-57-340, 220-57-346, 220-57-355, 220-57-365, 220-57-405, 220-57-440, 220-57-505, 220-57-510, 220-57-515, 220-57-520, and 232-28-619.

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 the recommendations of the North of Falcon subgroup of the Pacific Fisheries Management Council, and are interim until the permanent rules take effect. There is insufficient time to promulgate permanent rules before the scheduled fisheries begin.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 32, Amended 0, Repealed 31.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: May 1, 1999, 12:01 a.m.

April 30, 1999

Larry W. Peck

for Jeff P. Koenings

Director


NEW SECTION
WAC 220-16-55000A
Octopus hole conservation area.

Notwithstanding the provisions of WAC 220-16-550, the southern boundary of the Octopus Hole Conservation Area is latitude 4726'40".

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NEW SECTION
WAC 220-56-10500B
River mouth definitions.

Notwithstanding the provisions of WAC 220-56-105, effective May 1, 1999, until further notice the mouth of Chambers Creek is defined as the Burlington Northern Railroad Bridge.

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NEW SECTION
WAC 220-56-11500A
Angling gear.

Effective July 1, 1999, until further notice, it is unlawful to use a downrigger, to use more than two ounces of weight attached to a line, or to use a lure or diver weighing more than two ounces when fishing in Catch Record Card Area 10.

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NEW SECTION
WAC 220-56-12400E
Hoodsport hatchery.

Notwithstanding the provisions of WAC 220-56-124, when those waters defined in WAC 220-56-124 are open the special daily limit is four salmon, of which not more than two may be chinook salmon and chum salmon must be released July 1 until further notice.

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NEW SECTION
WAC 220-56-19100I
Puget Sound salmon seasons.

Notwithstanding the provisions of WAC 220-56-191, in the following Catch Record Card Areas (Areas):

(1) Area 7 - effective July 1, 1999, until further notice, special daily limit of two salmon, not more than one of which may be a chinook salmon.

(2) Area 9 when fishing from the Hood Canal Bridge fishing pontoon only - effective May 1 through June 30, 1999, special daily limit of two salmon not more than one of which may be a chinook salmon. Closed to salmon angling July 1, 1999, until further notice.

(3) Area 10 - Effective July 1, 1999, until further notice, closed east of a line from West Point to Alki Point and east of a line from Point Wells to Meadow Point.

(4) Area 11 - Closed through May 31, 1999, except from Dash Point Dock and Point Defiance Boathouse Dock. Effective June 1, 1999, until further notice release pink salmon. Effective May 1, 1999, until further notice, salmon angling is open from the Dash Point Dock and the Point Defiance Boathouse Dock - Special daily limit of 2 salmon, not more than one of which may be a chinook salmon.

(5) Area 12 - Effective July 1, 1999, until further notice, in waters south of Ayock Point, special daily limit of two salmon, not more than one of which may be a chinook salmon, and release chum and pink salmon. Waters north of Ayock Point are closed until further notice.

(6) Area 13 - Effective July 1, 1999, until further notice release wild coho salmon.

All provisions of WAC 220-56-191 not inconsistent with the provision of this section remain in effect.

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NEW SECTION
WAC 220-56-19500B
Closed areas--Saltwater salmon angling.

Notwithstanding the provisions of WAC 220-56-195, the following areas are closed to salmon angling during the periods indicated:

(1) Bellingham Bay: Those waters of Bellingham, Samish and Padilla Bays southerly of a line projected from the most westerly point of Gooseberry Point to Sandy Point, easterly of a line from Sandy Point to Point Migley thence along the eastern shoreline of Lummi Island to Carter Point, thence to the most northerly tip of Vendovi Island thence to Clark Point on Guemes Island thence following the shoreline to Yellow Bluff on the southwest corner of Guemes Island thence to Yellow Bluff reef range marker thence to the ferry terminal dock east of Shannon Point - Closed July 1, 1999, until further notice.

(2) Commencement Bay: Those waters east of a line projected from the Sperry Ocean dock to landfall below the Cliff House Restaurant on the north shore of Commencement Bay - Closed June 1 through July 31.

(3) Rosario Strait/Eastern Strait of Juan de Fuca: Those waters of Catch Record Card Area 7 in Rosario Strait and the eastern portion of the Strait of Juan de Fuca southerly of a line running from Sandy Point to Point Migley on Lummi Island, then following the western shore of Lummi Island to a line running from Lawrence Point on Orcas Island through Lummi Rocks Buoy, then from Lawrence Point along the southeasterly shore of Orcas Island to Deer Point, then true south to Blakely Island, then south along the Blakely Island shore to the southernmost point of Blakely Island, then along Thatcher Pass to Fauntleroy Point, then along the eastern shore of Decatur Island to the southernmost point of Decatur Island, then across Lopez Pass to Lopez Island and following the shore of Lopez Island southwesterly to Iceberg Point, then from Iceberg Point to Cattle Point, then south-southwest to the Salmon Bank Buoy, then true west to the Area 7 boundary - Closed July 1 through July 31.

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NEW SECTION
WAC 220-56-20500C
Nonbuoyant lures and night closures.

Notwithstanding the provisions of WAC 220-56-205:

(1) The nonbuoyant lure restrictions of WAC 220-56-205 apply in the following waters:

(a) Cowlitz River from Mill Creek to the Barrier Dam - May 1, 1999, until further notice.

(b) Icicle River - June 1 through June 30, 1999.

(2) The nonbuoyant lure restriction is removed from the Wenatchee River May 1, 1999, until further notice.

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NEW SECTION
WAC 220-56-23500C
Bottomfish - Lingcod.

Notwithstanding the provisions of WAC 220-56-235, effective May 1,. 1999, until further notice the daily limit for lingcod in Catch Record Card Areas 1 through 4 is 2 fish, minimum length 24 inches.

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Reviser's note: The typographical 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 220-56-25500H
Halibut--Seasons--Daily limits.

Notwithstanding the provisions of WAC 220-56-235, effective May 1, 1999, until further notice it is unlawful to fish for or possess halibut taken for personal use except as provided for in this section:

(1) Catch Record Card Area 1: Open May 1, 1999, until further notice. Minimum size 32 inches in length. The daily limit is the first halibut 32 inches in length or greater brought aboard the vessel.

(2) Catch Record Card Area 2:

(a) Waters south of the Queets River, north of 47N and east of 12440'W: Open May 2, 1999, until further notice.

(b) All other open waters in Area 2: Open May 2, 1999, until further notice, except closed 12:01 a.m. each Friday through 11:59 p.m. each Saturday.

(c) Closed waters: Waters inside a rectangle defined by the following four corners: 4719'N, 12453'W; 4719'N, 12448'W; 4716'N, 12453'W; 4716'N, 12448'W;

(3) Catch Record Card Area 3 and waters of Catch Record Card Area 4 west of the Bonilla-Tatoosh line: Open May 1, 1999, until further notice, except closed 12:01 a.m. each Sunday through 11:59 p.m. each Monday and in the closed waters of a rectangle defined by the following four corners: 4818'N, 12511'W; 4818'N, 12459'W; 4804'N, 12511'W; 4804'N, 12459'W

(4) Catch Record Card Area 4 east of the Bonilla-Tatoosh line and Catch Record Card Areas 5 through 13: Open May 27 through July 12, 1999, except closed 12:01 a.m. each Tuesday through 11:59 p.m. each Wednesday.

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NEW SECTION
WAC 220-57-13500V
Calawah River.

Notwithstanding the provisions of WAC 220-57-135, effective May 1, 1999, until further notice, lawful terminal gear other than single point barbless hooks may be used.

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NEW SECTION
WAC 220-57-14000V
Chehalis River.

Notwithstanding the provisions of WAC 220-57-140, effective May 1 until July 31, 1999, Daily Limit A downstream from the High Bridge on the Weyerhauser 1000 line.

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NEW SECTION
WAC 220-57-14500A
Cispus River.

Notwithstanding the provisions of WAC 220-57-145, effective May 1, 1999, until further notice Daily Limit A except release wild coho. Eight-inch minimum size.

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NEW SECTION
WAC 220-57-16500B
Copalis River.

Notwithstanding the provisions of WAC 220-57-165, effective July 1, 1999, until further notice Daily Limit A downstream from the Carlisle Bridge.

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NEW SECTION
WAC 220-57-17500P
Cowlitz River.

Notwithstanding the provisions of WAC 220-57-175, effective May 1 through July 31, 1999, Special Daily Limit of 1 salmon. Closed to fishing from south bank May 1 through June 15 from 400 feet below Barrier Bam to mouth of Mill Creek. Cumulative limit of 5 salmon April 1 through July 31, 1999.

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Reviser's note: The typographical 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 220-57-18700C
Deep River.

Notwithstanding the provisions of WAC 220-57-187, effective June 1 through July 31, 1999, Daily Limit C downstream from town bridge.

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NEW SECTION
WAC 220-57-20000N
Dickey River.

Notwithstanding the provisions of WAC 220-57-200, effective July 1, 1999, until further notice, Daily Limit A downstream from the mouth of the East Fork.

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NEW SECTION
WAC 220-57-25500D
Green River.

Notwithstanding the provisions of WAC 220-57-255:

(1) Effective May 1 through May 31, 1999, Daily Limit A downstream from 400 feet below the Green River Hatchery upper water intake.

(2) Effective June 1, 1999, until further notice, Daily Limit A except release chum and wild adult coho and no more than 1 adult chinook may be retained.

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NEW SECTION
WAC 220-57-27000G
Hoh River.

Notwithstanding the provisions of WAC 220-57-270:

(1) The Hoh River is closed through May 31, 1999.

(2) Effective June 1, 1999, until further notice, Daily Limit C downstream from the mouth of the South Fork.

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NEW SECTION
WAC 220-57-31500H
Klickitat River.

Notwithstanding the provisions of WAC 220-57-315, effective June 1, 1999, until further notice, Daily Limit C downstream from fishing boundary markers at the downstream end of the Klickitat River salmon hatchery.

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NEW SECTION
WAC 220-57-31900U
Lewis River.

Notwithstanding the provisions of WAC 220-57-319:

(1) Mainstem: Effective May 1, 1999, until further notice, Special Daily Limit of 1 salmon downstream from East Fork to mouth.

(2) North Fork: Effective May 1, 1999, until further notice, Special Daily Limit of 1 salmon downstream from Colvin Creek to mouth.

(3) Cumulative limit of 5 salmon in the Lewis River and all forks, April 1 through July 31, 1999.

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NEW SECTION
WAC 220-57-33500A
Naselle River.

Notwithstanding the provisions of WAC 220-57-335, effective July 1, 1999 until further notice, Daily Limit A except release wild adult coho salmon downstream from the Highway 4 Bridge.

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NEW SECTION
WAC 220-57-34000I
Nemah River.

Notwithstanding the provisions of WAC 220-57-340, effecive July 1, 1999, until further notice, Daily Limit A except release wild adult coho salmon in the Middle Nemah downstream from the DNR Bridge on the Middle Nemah A-Line Road and in the South Nemah from the confluence with the Middle Nemah to the mouth

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NEW SECTION
WAC 220-57-34600A
Niawiakum River.

Notwithstanding the provisons of WAC 220-57-346, effective July 1, 1999, until further notice, Daily Limit A except release wild adult coho salmon downstream from the South Bend-Palix Road. Single point barbless hooks required.

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NEW SECTION
WAC 220-57-35500A
North River.

Notwithstanding the provisions of WAC 220-57-355, effective July 1, 1999, until further notice, Daily Limit A except release wild adult coho salmon downstream from the mouth of Salmon Creek.

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NEW SECTION
WAC 220-57-36500A
Palix River.

Notwithstanding the provisions of WAC 220-57-365, effective July 1, 1999, until further notice, Daily Limit A except release wild adult coho salmon downstream from the confluence of the South and Middle Forks.

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NEW SECTION
WAC 220-57-40500A
Samish River.

Notwithstanding the provisions of WAC 220-57-405, effective July 1, 1999, until further notice, Special Daily Limit of 2 salmon downstream from the Thomas Road Bridge to the Bayview-Edison Road Bridge.

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NEW SECTION
WAC 220-57-44000A
Smith River.

Notwithstanding the provisions of WAC 220-57-440, effective July 1, 1999, until further notice, Daily Limit A except release wild adult coho downstream from the Highway 101 Bridge to the mouth. Single point barbless hooks required.

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NEW SECTION
WAC 220-57-50500D
White Salmon River.

Notwithstanding the provisions of WAC 220-57-505, effective May 1 through June 15, 1999, the White Salmon River is closed to salmon angling.

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NEW SECTION
WAC 220-57-51000A
Willapa River.

Notwithstanding the provisions of WAC 220-57-510, effective July 1, 1999, until further notice, Daily Limit A except release wild adult coho salmon downstream from the Highway 6 Bridge to the department boat launch in South Bend. Lawful terminal gear other than single point barbless hooks may be used.

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NEW SECTION
WAC 220-57-51500P
Wind River.

Notwithstanding the provisions of WAC 220-57-505, effective May 1 through June 15, 1999, the Wind River is closed to salmon angling.

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NEW SECTION
WAC 220-57-52000A
Wishkah River.

Notwithstanding the provisions of WAC 220-57-520, effective July 1, 1999, until further notice the Wishkah River is closed to salmon angling.

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NEW SECTION
WAC 232-28-61900G
Exceptions to state-wide gamefish rules.

Notwithstanding the provisions of WAC 232-28-619:

(1) Effective May 1, 1999, until further notice:

(a) Bear Lake (Spokane County) and Nason Creek Fish Pond (Chelan County) are open to holders of disability licenses.

(b) Headgate Pond (Asotin County) is open to holders of senior and disability licenses.

(c) Joe Creek (Grays Harbor Count) upstream from Highway 109 Bridge to Ocean Beach Road Bridge: Trout: minimum length 14 inches.

(2) Effective July 1, 1999, until further notice, single point barbless hooks required in the Niawiakum River.

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Reviser's note: The typographical 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.
REPEALER

The following sections of the Washington Administrative Code are repealed effective July 17, 1999:

WAC 220-16-55000A Octopus hole conservation area.

WAC 220-56-10500B River mouth definitions.

WAC 220-56-11500A Angling gear.

WAC 220-56-12400E Hoodsport hatchery.

WAC 220-56-19100I Puget Sound salmon seasons.

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

WAC 220-56-20500C Nonbuoyant lures and night closures.

WAC 220-56-23500C Bottomfish--Lingcod.

WAC 220-56-25500H Halibut--Seasons--Daily limits.

WAC 220-57-13500V Calawah River

WAC 220-57-14000V Chehalis River.

WAC 220-57-14500A Cispus River.

WAC 220-57-16500B Coplais River.

WAC 220-57-17500P Cowlitz River.

WAC 220-57-18700C Deep River.

WAC 220-57-20000N Dickey River.

WAC 220-57-25500D Green River.

WAC 220-57-27000G Hoh River.

WAC 220-57-31500H Kilckitat River.

WAC 220-57-31900U Lewis River.

WAC 220-57-33500A Naselle River.

WAC 220-57-34000I Nemah River.

WAC 220-57-34600A Niawiakum River.

WAC 220-57-35500A North River.

WAC 220-57-36500A Palix River.

WAC 220-57-40500A Samish River.

WAC 220-57-44000A Smith River

WAC 220-57-50500D White Salmon River.

WAC 220-57-51000A Willapa River

WAC 220-57-51500P Wind River

WAC 220-57-52000A Wishkah River

WAC 232-28-61900G Exception to state-wide gamefish rules.

Reviser's note: The spelling errors in the above material occurred in the copy filed by the Department of Fish and Wildlife and appear in the Register pursuant to the requirements of RCW 34.08.040.

Washington State Code Reviser's Office