WSR 04-10-034

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 04-87 -- Filed April 29, 2004, 11:17 a.m. , effective May 1, 2004, 12:01 a.m. ]

Date of Adoption: April 28, 2004.

Purpose: Amend personal use fishing rules.

Citation of Existing Rules Affected by this Order: Amending WAC 220-16-470, 220-56-100, 220-56-128, 220-56-180, 220-56-195, 232-12-619, 232-28-619, 232-28-620, and 232-28-621.

Statutory Authority for Adoption: RCW 77.12.047.

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 emergency rules are necessary to comply with agreed-to management plans, and are interim until permanent rules take effect.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 9, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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, 2004, 12:01 a.m.

April 28, 2004

J. P. Koenings

Director


NEW SECTION
WAC 220-16-47000B   Wild -- 2004 North of Falcon.   Effective immediately until further notice:

(1) "Wild" when used to describe the difference between a hatchery salmon and a nonhatchery salmon means a fish with the adipose fin intact. A fish with a clipped adipose fin and having a healed scar at the site is not a wild fish.

(2) "Wild" when used to describe the difference between a hatchery trout or steelhead and a nonhatchery trout or steelhead means a fish with all fins intact. A fish with a clipped adipose fin or ventral fin and having a healed scar at the site is not a wild fish.

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NEW SECTION
WAC 220-56-10000C   Definitions--Personal-use fishing -- 2004 North of Falcon.   Effective immediately until further notice, the following definition applies to personal use fishing in Titles 220 and 232 WAC:

(1) "Hatchery" when used to describe the difference between a hatchery salmon and a nonhatchery salmon means a fish with a clipped adipose fin and having a healed scar at the location of the fin.

(2) "Hatchery" when used to describe the difference between a hatchery trout or steelhead and a nonhatchery trout or steelhead means a fish with a clipped adipose fin or ventral fin and having a healed scar at the location of the fin.

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NEW SECTION
WAC 220-56-12800H   Food fish fishing -- Closed areas -- 2004 North of Falcon.   Notwithstanding the provisions of WAC 220-56-123, it is unlawful to violate the following provisions:

(1) Freshwater Bay: Effective July 1 until further notice, waters south of a line from Angeles Point westerly to Observatory Point are closed to food fish angling.

(2) Tulalip Bay: Effective May 1 until further notice, waters of Tulalip Bay east of a line from Hermosa Point to Mission Point are closed to food fish angling.

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NEW SECTION
WAC 220-56-18000C   Statewide salmon rules -- 2004 North of Falcon.   Notwithstanding the provisions of WAC 232-28-620, in Marine Areas 1 through 4, chinook salmon must be not less than 26 inches in length, coho salmon must be not less than 16 inches in length, but there is no minimum size on other salmon.

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NEW SECTION
WAC 220-56-19500M   Closed saltwater salmon areas -- 2004 North of Falcon.   Notwithstanding the provisions of WAC 220-56-195:

(1) Kydaka Point: effective July 1 until further notice, waters of Areas 4 and 5 southerly of a line from Kydaka Point to Shipwreck Point are closed to salmon angling.

(2) Port Angeles Harbor: effective July 1 until further notice, waters of Port Angeles Harbor west of a line from the tip of Ediz Hook to the ITT Rayonier Dock are closed to salmon angling.

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NEW SECTION
WAC 232-12-61900V   Permanent Washington statewide game fish rules -- 2004 North of Falcon.   Notwithstanding the provisions of WAC 232-28-619, it is unlawful to violate the following provisions:

(1) Freshwater Bay: Effective July 1 until further notice, waters south of a line from Angeles Point westerly to Observatory Point are closed to game fish angling.

(2) Tulalip Bay: Effective May 1 until further notice, waters of Tulalip Bay east of a line from Hermosa Point to Mission Point are closed to game fish angling.

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NEW SECTION
WAC 232-28-61900C   Exceptions to statewide rules -- 2004 North of Falcon.   Notwithstanding the provisions of WAC 232-28-619, it is unlawful to violate the following provisions, provided that unless otherwise amended all permanent rules remain in effect:


Baker River (Skagit County): Mouth to Highway 20 Bridge: Salmon: Open only July 1 through July 31, except closed from 12:01 a.m. July 6 through 2:00 p.m. July 7, and from 12:01 a.m. July 12 through 2:00 p.m. July 13. Daily limit 2 sockeye only.


Bogachiel River (Clallam County), from mouth to Olympic National Park boundary: Salmon: Open July 1 until further notice, from mouth to Highway 101 Bridge. Daily limit 6 fish of which no more than 2 may be adult salmon. Release wild adult coho and unmarked adult chinook. Unmarked chinook are those chinook with intact adipose and ventral fins.


Calawah River (Clallam County), from mouth to forks: Salmon: Open July 1 until further notice, from mouth to Highway 101 Bridge. Daily limit 6 fish of which no more than 2 may be adult salmon. Release wild adult coho and unmarked adult chinook. Unmarked chinook are those chinook with intact adipose and ventral fins.


Cedar River (King County): June 1 until further notice, selective gear rules for all species.


Dickey River (includes all forks) (Clallam County): Salmon: Open July 1 until further notice, from mouth to East Fork Dickey, outside Olympic National Park. Daily limit 6 fish of which no more than 2 may be adult salmon. Release wild adult coho and unmarked adult chinook. Unmarked chinook are those chinook with intact adipose and ventral fins.


Elwha River (Clallam County): From mouth to two hundred feet below the south spillway on the Aldwell Lake Dam: Open June 1 until further notice, except closed - mouth to marker at outfall of rearing channel at about river mile 3.2. Trout: Minimum length fourteen inches.


Johns River, from mouth upstream, including North and South Forks (Grays Harbor County): Open June 1 until further notice. Single point barbless hooks required August 16 until further notice, from mouth to Ballon Creek. Trout: Minimum length fourteen inches.


Naselle River (Pacific/Wahkiakum counties), from Highway 101 Bridge upstream including all forks: Closed waters: Area from four hundred feet below falls in Sec. 6, T10N, R8W (Wahkiakum County) to falls, and waters from two hundred feet upstream of the Naselle Salmon Hatchery water supply intake barrier to four hundred feet downstream of the entrance to the Naselle Salmon Hatchery adult attraction channel.


Newaukum River, main river and South Fork upstream to Highway 508 Bridge near Kearny Creek (Lewis County): Open June 1 until further notice. Night closure and single point barbless hooks required August 16 until further notice from mouth to Leonard Road near Onalaska. Trout: Minimum length fourteen inches mouth to Highway 508 Bridge near Kearny Creek.


Nooksack River (Whatcom County), from mouth to forks, Middle Fork to Dam and North Fork to Nooksack Falls: Open June 1 until further notice except closed in mainstem from yellow marker at the FFA high school barn in Deming to confluence of the North and South Forks. Nonbuoyant lure restriction and night closure August 1 until further notice on mainstem and North Fork to Maple Creek. Trout: Minimum length fourteen inches.


Puyallup River (Pierce County): Effective August 1 until further notice, from mouth to the Electron power plant outlet, it is unlawful to fish for salmon.


Quillayute River (Clallam County): Salmon: Open immediately until further notice. Daily limit 6 fish of which no more than 2 may be adult salmon. Release wild adult coho and unmarked adult chinook. Unmarked chinook are those chinook with intact adipose and ventral fins.


Skagit River (Skagit/Whatcom counties): From Gilligan Creek to Bacon Creek: Open June 1 until further notice, except closed June 1 through June 30 and August 1 until further notice between a line 200 feet above the east bank of the Baker River to a line 200 feet below the west bank of the Baker River.


Skokomish River (Mason County), mouth to forks: Open June 1 until further notice, except closed August 1 until further notice from mouth to Highway 101. All game fish: Release all fish except that up to two hatchery steelhead per day may be retained. Effective August 1 until further notice, it is unlawful to fish for salmon.


Skykomish River (Snohomish County): Effective June 1 until further notice, from Lewis Street Bridge in Monroe to Wallace River, it is unlawful to fish for salmon.


Snohomish River (Snohomish County), including all channels, sloughs, and interconnected waterways, but excluding all tributaries: Selective gear rules August 1 until further notice. Salmon: Open only August 1 until further notice. Daily limit 2 pink only.


Sol Duc River (Clallam County): Salmon: Open immediately until further notice from mouth to concrete pump station. Daily limit 6 fish of which no more than 2 may be adult salmon. Release wild adult coho and unmarked adult chinook. Unmarked chinook are those chinook with intact adipose and ventral fins.

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NEW SECTION
WAC 232-28-62000P   Coastal salmon seasons -- 2004 North of Falcon.   Notwithstanding the provisions of WAC 232-28-620, effective May 1 until further notice, it is unlawful to fish for salmon in coastal waters during 2004 except as provided in this section, provided that unless otherwise amended all permanent rules remain in effect:

(1) Area 1 - Open June 27 until further notice - Open Sunday through Thursday of each week, daily limit 2 salmon, not more than 1 of which may be a chinook, except release wild coho.

(2) Areas 2, 2-1, and 2-2:

(a) Area 2 - Open June 27 until further notice, open Sunday through Thursday of each week, daily limit 2 salmon, not more than 1 of which may be a chinook, except release wild coho.

(b). Area 2-1 - Open June 27 through August 15, open Sunday through Thursday of each week, daily limit 2 salmon, not more than 1 of which may be a chinook, except release wild coho. Open August 16 until further notice, daily limit 6 salmon, not more than two of which may be adult salmon.

(c) Area 2-2 west of the Buoy 13 line - Open June 27 until further notice, Sunday through Thursday of each week, daily limit 2 salmon, not more than 1 of which may be a chinook, except release wild coho.

(3) Area 3 - Open June 27 until further notice - Daily limit 2 salmon, not more than one of which may be a chinook, except release wild coho.

(4) Area 4:

(a) Open June 27 until further notice - Daily limit 2 salmon not more than one of which may be a chinook, except release wild coho, release chinook east of the Bonilla-Tatoosh Line, and effective beginning August 1, release chum.

(i) Effective June 27 through July 31, lawful to retain chinook east of the Bonilla-Tatoosh Line and west of a true north-south line through Sail Rock.

(ii) Effective July 1 through July 31 closed to salmon angling east of a true north/south line through Sail Rock.

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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 232-28-62100N   Puget Sound salmon seasons -- 2004 North of Falcon.   Effective May 1 until further notice, it is unlawful to fish for salmon in Puget Sound.

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