WSR 99-22-066

PROPOSED RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Filed November 1, 1999, 3:59 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 99-17-041.

Title of Rule: Marine reserves housekeeping changes.

Purpose: To clarify and simplify the boundaries of a marine reserve and a marine conservation area.

Statutory Authority for Adoption: RCW 75.08.080.

Statute Being Implemented: RCW 75.08.080.

Summary: Makes the boundaries for the Edmonds Underwater Park match the boundaries of the Bracketts Landing Shoreline Sanctuary and provide changes to boundaries for Sund Rock Marine Reserve to relate to landmarks.

Reasons Supporting Proposal: Both provisions are housekeeping measures which do not significantly change either area. The change at Edmonds Underwater Park simplifies the existing rule by combining two closely adjacent areas. The rule change at Sund Rock continues the existing rule by combining two closely adjacent areas. The rule change at Sund Rock continues the existing closure using new geographic landmarks. Both sites provide nonconsumptive recreational diving opportunity and support important populations of rocky reef species.

Name of Agency Personnel Responsible for Drafting: Mary Lou Mills, 600 Capitol Way North, Olympia, WA 98501-1091, (360) 902-2834; Implementation: Lew Atkins, 600 Capitol Way North, Olympia, WA 98501-1091, (360) 902-2325; and Enforcement: Bruce Bjork, 600 Capitol Way North, Olympia, WA 98501-1091, (360) 902-2373.

Name of Proponent: Washington Department of Fish and Wildlife, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: These are housekeeping measures which will have no significant effect on the fisheries in the area.

The rules currently contain language describing the closure at the Edmonds Underwater Park and the adjacent area described as Bracketts Landing Shoreline Sanctuary Conservation Area. Both of these are enclosed by the boundaries of the City of Edmonds park area. The proposal makes the boundaries of these areas match and designates the combined area as Bracketts Landing Shoreline Sanctuary Conservation Area.

The current permanent rule describes the boundary of Sund Rock Marine Reserve in terms of a distance from the WDFW net pens formerly at the site. The net pens at Sund Rock were removed and an emergency rule was adopted to describe the boundaries in terms of local landmarks (Sund Creek). This permanent rule continues this closure and revises the permanent boundary to relate to Sund Creek rather than the nonexistent net pens.

Proposal Changes the Following Existing Rules: Simplifies the rule closing Edmonds Underwater Park and Bracketts Landing Shoreline Sanctuary Conservation Area and references geographic landmarks for the closure at Sund Rock Marine Preserve.

A small business economic impact statement has been prepared under chapter 19.85 RCW.

Small Business Economic Impact Statement

1. Description of the Reporting, Recordkeeping, and Other Compliance Requirements of the Proposed Rule: There are no reporting or recordkeeping requirements in the proposed rule. These are housekeeping measures that simplify boundaries and continue existing closures as two reserves. They will have no significant effect on the fisheries in the area. Compliance requirements are that fishers only fish outside the boundaries of the reserves.

2. Kinds of Professional Services That a Small Business Is Likely to Need in Order to Comply with Such Requirements: None.

3. Costs of Compliance for Businesses, Including Costs of Equipment, Supplies, Labor, and Increased Administrative Costs: None.

4. Will Compliance with the Rule Cause Businesses to Lose Sales or Revenue? No, areas have been already closed by emergency order, this proposal makes it a permanent rule.

5. Cost of Compliance for the 10% of Businesses That Are the Largest Businesses Required to Comply with the Proposed Rules Using One or More of the Following as a Basis for Comparing Costs: Cost per employee; cost per hour of labor; or cost per one hundred dollars of sales: No cost.

6. Steps Taken by the Agency to Reduce the Costs of the Rule on Small Businesses or Reasonable Justification for Not Doing So: There are no costs to small business for this rule.

7. A Description of How the Agency Will Involve Small Businesses in the Development of the Rule: Hold a public hearing in the Fish and Wildlife Commission rule adoption process.

8. A List of Industries That Will Be Required to Comply with the Rule: All commercial fishers must comply with this rule which represents no change from current status.

A copy of the statement may be obtained by writing to Mary Lou Mills, 600 Capitol Way North, Olympia, WA 98501-1091, phone (360) 902-2834, fax (360) 902-2944.

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. These are not hydraulic rules.

Hearing Location: Double Tree Hotel at the Quay, 100 Columbia Street, Vancouver, WA, on December 10-11, 1999, at 8:00 a.m.

Assistance for Persons with Disabilities: Contact Debbie Nelson by November 23, 1999, TDD (360) 902-2207, or (360) 902-2226.

Submit Written Comments to: Evan Jacoby, Rules Coordinator, 600 Capitol Way North, Olympia, WA 98501-1091, fax (360) 902-2944, by December 9, 1999.

Date of Intended Adoption: December 10, 1999.

November 1, 1999

Evan Jacoby

Rules Coordinator

OTS-3572.1


AMENDATORY SECTION(Amending Order 98-120, filed 7/7/98, effective 8/7/98)

WAC 220-16-480
Sund Rock Marine Preserve Area.

The "Sund Rock Marine Preserve Area" is defined as those waters and bed lands ((within 200 yards of the salmon net pens located near Sund Rock in Hood Canal)) enclosed by a line originating at the shore of Hood Canal, at the mouth of Sund Creek (47 26' 396N", 123 07' 070W"), thence due east 350 feet, thence due south to Latitude 47 26' 382N", thence due west until it intersects the beach, including all of the underwater feature known as Sund Rock.

[Statutory Authority: RCW 75.08.080.  98-15-031 (Order 98-120), 220-16-480, filed 7/7/98, effective 8/7/98.]


AMENDATORY SECTION(Amending WSR 98-06-031, filed 2/26/98, effective 5/1/98)

WAC 220-16-720
Brackett's Landing Shoreline Sanctuary Conservation Area.

"Brackett's Landing Shoreline Sanctuary Conservation Area" is defined as those bed lands and tidelands owned by the City of Edmonds at Brackett's Landing Shoreline Sanctuary, and the water column above these bed lands and tidelands including all of the area known as Edmonds Underwater Park.

[Statutory Authority: RCW 77.12.040 and 75.08.080.  98-06-031, 220-16-720, filed 2/26/98, effective 5/1/98.]

OTS-3571.1


AMENDATORY SECTION(Amending Order 98-120, filed 7/7/98, effective 8/7/98)

WAC 220-20-020
General provisions--Lawful and unlawful acts--Food fish other than salmon.

(1) It is unlawful to fish for or possess for commercial purposes any round, undressed white sturgeon less than 48 inches or greater than 60 inches in length or any round, undressed green sturgeon less than 48 inches or greater than 66 inches in length.

(2) It is unlawful to fish for or possess for commercial purposes or possess aboard a commercial fishing vessel for any purpose any species of halibut (Hippoglossus) unless permitted by the current regulations of the International Pacific Halibut Commission.

(3) It is unlawful to fish for or possess for commercial purposes sturgeon taken from any of the waters of Puget Sound or tributaries, and any sturgeon taken with any type of commercial gear incidental to a lawful fishery shall immediately be returned to the water unharmed.

(4) It is unlawful to fish for food fish for commercial purposes in the waters of Shilshole Bay inland and inside a line projected in a southwesterly direction from Meadow Point to West Point.

(5) It is unlawful to fish for or possess for commercial purposes any starry flounder less than 14 inches in length taken by any commercial gear, in all Puget Sound Marine Fish-Shellfish Areas.

(6) It shall be unlawful to harvest herring eggs naturally deposited on marine vegetation or other substrate, unless a person has a permit issued by the director.

(7) It is unlawful to fish for or possess food fish other than salmon taken for commercial purposes from the San Juan Islands Marine Preserve, except that it is lawful to take herring.

(8) It is unlawful to fish for or possess food fish other than salmon taken from the Titlow Beach Marine Preserve, or the Sund Rock Marine Preserve((, or the Edmonds Underwater Park)).

[Statutory Authority: RCW 75.08.080.  98-15-031 (Order 98-120), 220-20-020, filed 7/7/98, effective 8/7/98; 97-07-043 (Order 97-51), 220-20-020, filed 3/14/97, effective 4/14/97; 95-23-020 (Order 95-166), 220-20-020, filed 11/8/95, effective 12/9/95; 93-14-042 (Order 93-54), 220-20-020, filed 6/29/93, effective 7/30/93.  Statutory Authority: RCW 75.08.080 and 75.28.245.  90-07-003 (Order 90-17), 220-20-020, filed 3/8/90, effective 4/8/90.  Statutory Authority: RCW 75.08.080.  90-06-045 (Order 90-15), 220-20-020, filed 3/1/90, effective 4/1/90; 80-09-072 (Order 80-69), 220-20-020, filed 7/18/80; 79-03-014 (Order 79-11), 220-20-020, filed 2/15/79; Order 77-147, 220-20-020, filed 12/16/77; Order 77-14, 220-20-020, filed 4/15/77; Order 76-148, 220-20-020, filed 12/2/76; Order 76-26, 220-20-020, filed 4/20/76; Order 1193-A, 220-20-020, filed 3/5/75; Order 1193, 220-20-020, filed 3/4/75; Order 1143, 220-20-020, filed 8/8/74; Order 1105, 220-20-020, filed 12/28/73; Order 1057, 220-20-020, filed 5/22/73; Order 1045, 220-20-020, filed 3/8/73; Order 988, 220-20-020, filed 4/28/72; Order 920, 220-20-020, filed 5/13/71; Order 862, 220-20-020, filed 4/16/70; Order 817, 220-20-020, filed 5/29/69; Order 810, 220-20-020, filed 4/17/69.]

OTS-3555.2


AMENDATORY SECTION(Amending Order 99-102, filed 7/20/99, effective 8/20/99)

WAC 220-56-191
Puget Sound salmon--Saltwater seasons and daily limits.

It is unlawful to fish for or possess salmon taken by angling for personal use except from the following Puget Sound areas, during the seasons, in the quantities, sizes, and for the species designated in this section and as defined in the daily limit codes in WAC 220-56-180.  Puget Sound waters west of the mouth of the Sekiu River are managed concurrent with ocean waters as provided for in WAC 220-56-190.  In all fisheries provided for in this section, chinook salmon minimum size 22 inches and no minimum size for other salmon.

(1) Catch Record Card Areas 5 and 6 -

(a) August 1 through September 30, special daily limit of 2 salmon, except release chinook, chum and wild coho salmon.

(b) Dungeness Bay inside a line from Dungeness Spit Light to the No. 2 red buoy and then to the Port Williams boat ramp open only October 1 through October 31 - Special daily limit of 2 coho salmon, release all salmon except coho salmon.

(c) November 1 through November 30 - Special daily limit of 2 salmon of which no more than one may be a chinook salmon and release all coho salmon.

(d) February 16 through April 10 - Special daily limit of 1 salmon.

(2) Catch Record Card Area 7:

(a) July 1 through September 30 - Special daily limit of 2 salmon, not more than 1 of which may be a chinook salmon.

(b) October 1 through October 31 - Special daily limit of 2 salmon, except release chinook salmon.

(c) November 1 through November 30 - Special daily limit of 2 salmon, no more than one of which may be a chinook salmon.

(d) February 16 through April 10 - Special daily limit of one salmon.

(e) Notwithstanding the provisions of this subsection during the period August 16 through October 31 the special daily limit in Bellingham Bay and adjacent waters described in WAC 220-56-195(1) is 4 salmon no more than 1 of which may be chinook.

(3) Catch Record Card Area 8-1:

(a) September 1 through October 31 - Special daily limit of 2 salmon except release chinook and pink salmon.

(b) November 1 through November 30 - Special daily limit of 2 salmon, not more than 1 of which may be a chinook salmon.

(c) February 16 through April 10 - Special daily limit of one salmon.

(4) Catch Record Card Area 8-2:

(a) August 1 through October 31 - Special daily limit of 2 salmon except release chinook salmon.

(b) Waters adjacent to Tulalip Bay west of a line from Mission Point to Hermosa Point and within 2,000 feet of shore between pilings at Old Bower's Resort on the south and a fishing marker 1.4 miles northwest of Hermosa Point open only 12:01 a.m. each Friday through 11:59 a.m. the following Monday, August 1 through September 30. Special daily limit of 2 salmon not more than 1 of which may be a chinook salmon.

(c) February 16 through April 10 - Special daily limit of one salmon.

(5) Catch Record Card Area 9:

(a) August 1 through October 31 - Special daily limit of 2 salmon except release chinook salmon the entire time and release chum salmon August 1 through September 30.

(b) November 1 through November 30 - Special daily limit of 2 salmon not more than one of which may be a chinook salmon.

(c) Notwithstanding the provisions of this subsection, salmon fishing is permitted year-round from the Edmonds Fishing Pier - Special daily limit of 2 salmon not more than one of which may be a chinook salmon.

(d) Notwithstanding the provisions of this section, salmon fishing is permitted May 1 through June 30 and August 1 through April 30 from the Hood Canal Bridge Fishing pontoon - Special daily limit of 2 salmon not more than one of which may be a chinook salmon, and release chum salmon August 1 through September 30, and release chinook August 1 through August 31.

(e) February 16 through April 10 - Special daily limit of one salmon.

(6) Catch Record Card Area 10:

(a) July 1 through October 31 - Special daily limit of 2 salmon except release chinook salmon, and:

(i) During the period July 1 through August 16, Elliott Bay east of a line from West Point to Alki Point is closed, except waters east of a line from Pier 91 to Duwamish Head open noon August 6 to noon August 9 and noon August 13 to noon August 16 - Special daily limit of 2 salmon not more than one of which may be a chinook salmon. The 2-ounce weight restriction does not apply in this subsection.

(ii) During the period July 1 through October 31, Shilshole Bay east of a line from Meadow Point to West Point is closed.

(iii) During the period August 1 through September 30, waters of Sinclair Inlet and Port Orchard south of the Manette Bridge, south of a line projected true east from Illahee State Park and west of a line projected true south from Point White - Special daily limit of 2 salmon not more than one of which may be a chinook salmon. The 2-ounce weight restriction does not apply in this subsection.

(iv) During the period July 1 through August 31 waters east of a line from Point Wells to Meadow Point are closed.

(b) November 1 through November 30 - Special daily limit of 2 salmon, not more than one of which may be a chinook salmon.

(c) February 16 through April 10 - Special daily limit of one salmon.

(d) Notwithstanding the provisions of this subsection, salmon fishing is permitted year-round from the Elliott Bay public fishing pier at Terminal 86 and Seacrest Pier - Special daily limit of 2 salmon not more than one of which may be a chinook salmon.

(7) Catch Record Card Area 11.

(a) June 1 through November 30 - Daily limit of 2 salmon not more than one of which may be a chinook salmon and release pink salmon.

(b) February 16 through April 10 - Special daily limit of one salmon.

(c) Notwithstanding the provisions of this subsection, salmon fishing is permitted year-round 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.

(8) Catch Record Card Area 12:

(a) July 1 through August 31 in waters south of Ayock Point - Special daily limit of 2 salmon, not more than one of which may be a chinook salmon and release chum and pink salmon.

(b) August 1 through August 31 in waters north of Ayock Point - Special daily limit of 4 salmon except release chinook, chum and pink salmon.

(c) September 1 through October 15 - Special daily limit of 4 salmon except release chinook, chum and pink salmon.

(d) October 16 through December 31 - Special daily limit of 4 salmon, not more than one of which may be a chinook salmon.

(e) February 16 through April 10 - Special daily limit of 1 salmon.

(f) Waters of the Hoodsport Hatchery Zone are managed separately as provided for in WAC 220-56-124.

(g) The Hood Canal Bridge fishing pier is managed under Area 9.

(9) Catch Record Card Area 13:

(a) May 1 through December 31 - Special daily limit of 2 salmon not more than one of which may be a chinook salmon and release wild coho salmon July 1 through October 31.

(b) January 1 through February 15 - Release all salmon.

(c) February 16 through April 10 - Special daily limit of one salmon.

(d) Notwithstanding the provisions of this section, salmon fishing is permitted year-round from the Fox Island Public Fishing Pier - Special daily limit of 2 salmon, not more than one of which may be a chinook salmon and release wild coho salmon July 1 through October 31.

(10) In the above waters there are specified closures as provided for in WAC 220-56-128 and 220-56-195.  Additionally, there are gear and area restrictions at Shilshole Bay, the Duwamish Waterway, ((and)) Budd Inlet, ((and at)) Titlow Beach and ((the Edmonds underwater park and)) the Elliott Bay, Les Davis, and Des Moines public fishing piers.  See specific sections in chapter 220-56 WAC for salmon angling restrictions at these locations.

[Statutory Authority: RCW 75.08.080 and 77.12.040.  99-15-081 (Order 99-102), 220-56-191, filed 7/20/99, effective 8/20/99; 98-15-081 (Order 98-122), 220-56-191, filed 7/15/98, effective 8/15/98; 98-06-031, 220-56-191, filed 2/26/98, effective 5/1/98.  Statutory Authority: RCW 75.08.080 and 75.12.040.  97-18-035, 220-56-191, filed 8/27/97, effective 9/27/97.  Statutory Authority: RCW 75.08.080.  96-11-078 (Order 96-44), 220-56-191, filed 5/13/96, effective 6/13/96; 95-12-027 (Order 95-46), 220-56-191, filed 5/31/95, effective 7/1/95; 94-14-069, 220-56-191, filed 7/1/94, effective 8/1/94; 93-14-043 (Order 93-36), 220-56-191, filed 6/29/93, effective 7/30/93.]

Washington State Code Reviser's Office