WSR 04-11-079

EXPEDITED RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Filed May 18, 2004, 4:25 p.m. ]

Title of Rule: Personal use fishing rules.

Purpose: Amend saltwater salmon seasons.

Statutory Authority for Adoption: RCW 77.12.047.

Statute Being Implemented: RCW 77.12.047.

Summary: Coastal and Puget Sound recreational salmon seasons are set each year based on preseason recommendations from the North of Falcon subgroup of the Pacific Fisheries Management Council. These are the 2004-2005 seasons.

Reasons Supporting Proposal: Provide for recreational salmon opportunity in saltwater.

Name of Agency Personnel Responsible for Drafting: Evan Jacoby, 1111 Washington Street, Olympia, 902-2930; Implementation: Lew Atkins, 1111 Washington Street, Olympia, 902-2651; and Enforcement: Bruce Bjork, 1111 Washington Street, Olympia, 902-2373.

Name of Proponent: 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: Recreational salmon seasons are set to provide maximum recreational opportunity while providing protection of weak salmon stocks and protection for ESA-listed fish. A separate filing will establish commercial fishing opportunity, which, when combined with this season setting, utilizes the nontreaty share of the available salmon resource. The seasons proposed in this rule are consistent with settlement of a lawsuit seeking additional chinook protection, and are contingent on NOAA fisheries agreement with an environmental impact statement detailing protective measures. In-season adjustment will be made through emergency rule making if salmon returns are higher or lower than anticipated.

Proposal Changes the Following Existing Rules: Amend saltwater salmon seasons.

NOTICE

THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THE USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Evan Jacoby, Department of Fish and Wildlife, 600 Capitol Way North, Olympia, WA 98501-1091 , AND RECEIVED BY July 19, 2004.


May 18, 2004

Evan Jacoby

Rules Coordinator

OTS-7226.2


AMENDATORY SECTION(Amending Order 03-182, filed 8/6/03, effective 9/6/03)

WAC 232-28-620   Coastal salmon -- Saltwater seasons and daily limits.   It shall be unlawful to take, fish for or possess salmon taken by angling for personal use except from the following coastal areas, during the seasons, in the quantities, for the sizes provided in WAC 220-56-180, and for the species designated in this section. Open when a daily limit is provided:

(1) Catch Record Card Area 1:

(a) May 1 through June ((28)) 26 - Closed.

(b) June ((29)) 27 through September 30 - Open Sundays through Thursdays only - Daily limit of 2 salmon, of which not more than one may be a chinook salmon. Release wild coho.

(c) October 1 through April 30 - Closed.

(d) Closed in the Columbia River Mouth Control Zone 1 during all open periods, see WAC 220-56-195.

(2) Catch Record Card Area 2 and Catch Record Card Area 2-2 west of the Buoy 13 line:

(a) May 1 through June ((21)) 26 - Closed.

(b) June ((22)) 27 through September ((14)) 19 - Open Sundays through Thursdays only. ((Area 2-2 west of the Buoy 13 line closed August 16 through September 14. Those waters within a line from the lighthouse 1 mile south of the south jetty to Buoy No. 2, then to Buoy No. 3, then to the tip of the north jetty then to the exposed end of the south jetty are closed August 16 through September 14.)) Daily limit 2 salmon, of which not more than one may be a chinook salmon. Release wild coho.

(c) September ((15)) 20 through April 30 - Closed.

(3) Grays Harbor (Catch Record Card Area 2-2 east of the Buoy 13 line):

(a) May 1 through September 15 - Closed.

(b) September 16 through November 30 - Daily limit of six salmon, not more than two of which may be adult salmon. ((Release)) Of the adult salmon, not more than one may be an adult chinook.

(c) December 1 through April 30 - Closed.

(d) Notwithstanding the provisions of this subsection, Westport Boat Basin and Ocean Shores Boat Basin: Open only August 16 through January 31 - Daily limit of six salmon not more than four of which may be adult salmon.

(4) Willapa Bay (Catch Record Card Area 2-1):

(a) May 1 through June ((21)) 26 - Closed.

(b) June ((22)) 27 through August 15 - Open concurrent with Area 2 when Area 2 is open for salmon angling.

(c) August 16 through January 31 - Daily limit of six salmon, not more than two of which may be adult salmon.

(d) February 1 through April 30 - Closed.

(5) Catch Record Card Area 3:

(a) May 1 through June ((21)) 26 - Closed.

(b) June ((22)) 27 through September ((14)) 19 - Daily limit of 2 salmon, of which not more than one may be a chinook salmon. ((Fishers may retain an additional third salmon if it is a pink salmon.)) Release wild coho.

(c) September ((15)) 20 through April 30 - Closed.

(d) Notwithstanding the provisions of this subsection, waters inside ((a line from Teahwit Head to "Q" buoy and then to Cake Rock then east to)) three miles from shore north of 4750'00"N latitude and south of 4758'00"N latitude open September ((20)) 25 through October ((5)) 10 - Daily limit two salmon, of which not more than one may be a chinook salmon. Release wild coho.

(6) Catch Record Card Area 4:

(a) May 1 through June ((21)) 26 - Closed.

(b) June ((22)) 27 through September ((14)) 19 - ((Waters east of a true north-south line through Sail Rock closed July 1 through July 31. Waters south of a line from Kydaka Point westerly to Shipwreck Point closed July 1 through September 14 - ))Daily limit of 2 salmon, of which not more than one may be a chinook salmon. ((Fishers may retain an additional third salmon if it is a pink salmon.)) Release wild coho salmon. Waters east of a true north-south line through Sail Rock closed July 1 through July 31. Release chinook salmon caught east of the Bonilla-Tatoosh line ((June 22 through June 30 and)) August 1 through September ((14)) 19. Release chum salmon August 1 through September ((14)) 19.

(c) September ((15)) 20 through April 30 - Closed.

[Statutory Authority: RCW 77.12.047. 03-16-109 (Order 03-182), 232-28-620, filed 8/6/03, effective 9/6/03; 02-15-097 (Order 02-158), 232-28-620, filed 7/16/02, effective 8/16/02; 01-14-001 (Order 01-107), 232-28-620, filed 6/21/01, effective 7/22/01. Statutory Authority: 2000 c 107 7. 00-16-091 (Order 00-134), amended and recodified as 232-28-620, filed 7/31/00, effective 8/31/00. Statutory Authority: RCW 75.08.080 and 77.12.040. 99-15-081 (Order 99-102), 220-56-190, filed 7/20/99, effective 8/20/99; 98-15-081 (Order 98-122), 220-56-190, filed 7/15/98, effective 8/15/98; 97-18-035, 220-56-190, filed 8/27/97, effective 9/27/97. Statutory Authority: RCW 75.08.080. 96-11-078 (Order 96-44), 220-56-190, filed 5/13/96, effective 6/13/96; 95-12-027 (Order 95-46), 220-56-190, filed 5/31/95, effective 7/1/95; 94-14-069, 220-56-190, filed 7/1/94, effective 8/1/94; 93-14-043 (Order 93-36), 220-56-190, filed 6/29/93, effective 7/30/93; 91-08-054 (Order 91-13), 220-56-190, filed 4/2/91, effective 5/3/91; 90-06-026, 220-56-190, filed 2/28/90, effective 3/31/90; 89-07-060 (Order 89-12), 220-56-190, filed 3/16/89; 87-09-066 (Order 87-16), 220-56-190, filed 4/21/87; 86-09-020 (Order 86-08), 220-56-190, filed 4/9/86; 85-09-017 (Order 85-20), 220-56-190, filed 4/9/85; 84-09-026 (Order 84-22), 220-56-190, filed 4/11/84; 83-07-043 (Order 83-16), 220-56-190, filed 3/17/83; 82-13-040 (Order 82-61), 220-56-190, filed 6/9/82; 82-07-047 (Order 82-19), 220-56-190, filed 3/18/82; 80-03-064 (Order 80-12), 220-56-190, filed 2/27/80, effective 4/1/80. Formerly WAC 220-56-064.]


AMENDATORY SECTION(Amending Order 03-182, filed 8/6/03, effective 9/6/03)

WAC 232-28-621   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, and for the species designated in this section and sizes as defined in WAC 220-56-180. Open when a daily limit is provided. Puget Sound waters west of the mouth of the Sekiu River are managed concurrent with ocean waters as provided for in WAC 232-28-620.

(1) Catch Record Card Area 5:

(a) May 1 through June 30 - Closed.

(b) July 1 through ((July 4 - Daily limit of 2 salmon. Release chum, chinook and wild coho.

(c) July 5 through July 31)) August 10 - Daily limit 2 salmon. Release chum, wild chinook and wild coho.

(((d))) (c) August ((1 through August 14 - Daily limit of 4 salmon, of which not more than 2 may be chinook or coho or a combination of chinook and coho. Release chum, wild chinook and wild coho.

(e) During the period July 5 through August 14, any salmon required to be released may not be brought on board a vessel.

(f) August 15 through August 31 - Daily limit of 4 salmon, of which not more than 2 may be coho. Release chum, chinook and wild coho.

(g) September 1)) 11 through September 30 - Daily limit of 2 salmon. Release chum, chinook and wild coho.

(((h) Waters south of a line from Kydaka Point to Shipwreck Point closed July 1 through September 30.

(i))) (d) October 1 through October 31 - Closed.

(((j))) (e) November 1 through November 30 - Daily limit of 2 salmon, not more than one of which may be a chinook salmon.

(((k))) (f) December 1 through February ((13)) 15 - Closed.

(((l))) (g) February ((14)) 16 through April 10 - Daily limit 1 salmon.

(m) April 11 through April 30 - Closed.

(2) Catch Record Card Area 6:

(a) May 1 through June 30 - Closed.

(b) July 1 through ((July 4 - Daily limit of 2 salmon. Release chum, chinook and wild coho.

(c) July 5 through July 31)) August 10 - Daily limit 2 salmon. Release chum, wild chinook and wild coho. Release all chinook east of a true north-south line through the Number 2 Buoy immediately east of Ediz Hook.

(((d) August 1 through August 14 - Daily limit of 4 salmon, of which not more than 2 may be chinook or coho or a combination of chinook and coho. Release chum, wild chinook and wild coho. Release all chinook east of a true north-south line through the Number 2 Buoy immediately east of Ediz Hook.

(e) During the period July 5 through August 14, any salmon required to be released may not be brought on board a vessel.

(f))) (c) August ((15)) 11 through ((August 31)) September 30 - Daily limit of ((4)) 2 salmon((, of which not more than 2 may be coho)). Release chum, chinook and wild coho.

(((g))) (d) Waters ((of Freshwater Bay south of a line from Angeles Point westerly to Observatory Point and waters)) of Port Angeles Harbor west of a line from the tip of Ediz Hook to the ITT Rayonier Dock are closed July 1 through August 31.

(((h) September 1 through September 30 - Daily limit of 2 salmon. Release chum, chinook and wild coho.

(i))) (e) October 1 through October 31 - Closed, except waters of Dungeness Bay inside a line from Dungeness Spit Lighthouse to the Number 2 Red Buoy then to the Port Williams Boat Ramp are open with a daily limit of 2 coho salmon. Release all other salmon. Waters inside the line described in this subsection are closed at all times except during October.

(((j))) (f) November 1 through November 30 - Daily limit of 2 salmon, not more than one of which may be a chinook salmon.

(((k))) (g) December 1 through February ((13)) 15 - Closed.

(((l))) (h) February ((14)) 16 through April 10 - Daily limit 1 salmon.

(((m))) (i) April 11 through April 30 - Closed.

(3) Catch Record Card Area 7:

(a) May 1 through June 30 - Closed.

(b) July 1 through July 31 - Daily limit of 2 salmon, not more than one of which may be a chinook salmon. Closed to salmon fishing in the Eastern Strait of Juan de Fuca closure area described in WAC 220-56-195 (7)(a).

(c) August 1 through September 30 - Daily limit of ((4)) 2 salmon, of which not more than one may be a chinook salmon ((and not more than two of which may be coho or a combination of chinook and coho)). Release chum and wild coho. Closed to salmon fishing in the Southeastern Strait of Juan de Fuca closure area described in WAC 220-56-195 (7)(b).

(d) Waters of Bellingham Bay described in WAC 220-56-195(1) closed July 1 through August 15. August 16 through October 31 - Daily limit 4 salmon, not more than 2 of which may be chinook salmon. November 1 through June 30 - Same as Area 7.

(e) October 1 through October 31 - Daily limit of 2 salmon. Release chinook.

(f) Waters of Samish Bay described in WAC 220-56-195(4) closed July 1 through October 15.

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

(h) December 1 through January 31 - Closed.

(i) February 1 through March 31 - Daily limit of 1 salmon.

(j) April 1 through April 30 - Closed.

(4) Catch Record Card Area 8-1:

(a) May 1 through July 31 - Closed.

(b) August 1 through ((September 30)) October 31 - Daily limit of ((4)) 2 salmon((, of which not more than two may be chum or coho or a combination of chum and coho)). Release chinook.

(c) ((October 1 through October 31 - Daily limit of 2 salmon. Release chinook.

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

(((e))) (d) December 1 through January 31 - Closed.

(((f))) (e) February 1 through March 31 - Daily limit of 1 salmon.

(((g))) (f) April 1 through April 30 - Closed.

(5) Catch Record Card Area 8-2:

(a) May 1 through July 31 - Closed, except waters west of Tulalip Bay and within 2,000 feet of shore from the pilings at Old Bower's Resort to a fishing boundary marker approximately 1.4 miles northwest of Hermosa Point - ((July 4)) June 18 through July ((28)) 31 Friday through 11:59 a.m. Monday of each week - Daily limit of 2 salmon. ((Release chinook.))

(b) August 1 through ((September 30)) October 31 - Daily limit ((4)) 2 salmon, ((of which not more than two may be chum or coho or a combination of chum and coho)) and release chinook, except waters west of Tulalip Bay and within 2,000 feet of shore from the pilings at Old Bower's Resort to a fishing boundary marker approximately 1.4 miles northwest of Hermosa Point - August 1 through September ((29)) 27 Friday through 11:59 a.m. Monday of each week - Daily limit of 2 salmon.

(c) ((October 1 through October 31 - Daily limit of 2 salmon. Release chinook.

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

(((e))) (d) December 1 through February ((13)) 15 - Closed.

(((f))) (e) February ((14)) 16 through April 10 - Daily limit of 1 salmon.

(((g) During all openings provided for Area 8-2, waters of Tulalip Bay east of a line from Mission Point to Hermosa Point are closed.)) (f) April 11 through April 30 - Closed.

(6) Catch Record Card Area 9:

(a) May 1 through July 15 - Closed.

(b) July 16 through July 31 - Daily limit of 2 salmon. Release chinook.

(c) August 1 through ((August 31)) September 30 - Daily limit of ((4)) 2 salmon((, of which no more than 2 may be coho)). Release chum and chinook.

(d) ((September 1 through September 30 - Daily limit of 2 salmon. Release chum and chinook.

(e))) October 1 through October 31 - Daily limit of 2 salmon. Release chinook.

(((f))) (e) November 1 through November 30 - Daily limit 2 salmon, of which not more than one may be a chinook.

(((g))) (f) December 1 through January 31 - Closed.

(((h))) (g) February 1 through April 15 - Daily limit 1 salmon.

(((i))) (h) April 16 through April 30 - Closed.

(((j) Fishing is open year round when fishing from the)) (i) Hood Canal Bridge Fishing Pontoon(( - Daily limit 2 salmon, not more than one of which may be a chinook salmon, except release chinook July 1 through August 31. Release chum August 1 through October 15)): Closed.

(((k) Fishing is open year round when fishing from the)) (j) Edmonds Fishing Pier: Open only June 16 through April 30 - Daily limit 2 salmon, not more than one of which may be a chinook salmon. Release chum August 1 through September 30.

(7) Catch Record Card Area 10:

(a) May 1 through June 15 - Closed.

(b) June 16 through June 30 - Open only north of a line from Point Monroe to Meadow Point. Catch and release. ((Salmon may not be brought aboard a vessel.))

(c) July 1 through October 31 - Daily limit 2 salmon. Release chum August 1 through September 15. Release chinook. Waters of Shilshole Bay southeast of a line from Meadow Point to West Point closed July 1 through August 31. Waters of Elliott Bay east of a line from West Point to Alki Point closed July 1 through August 31, except waters east of a line from Pier 91 to Duwamish Head open July ((11)) 16 through August ((17)) 22 only on Friday through Sunday - Daily limit 2 salmon. Release chum August 1 through August ((17)) 22.

(d) Waters of Sinclair Inlet and Port Orchard south of the Manette Bridge in Bremerton, south of a line true west from Battle Point, and west of a line drawn true south from Point White - Lawful to retain chinook as part of the daily limit July 1 through September 30.

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

(f) December 1 through December 15 - Closed.

(g) December 16 through last day in February - Daily limit 1. Waters of Agate Pass west of a line from Point Monroe to Indianola and east of a line from Point Bolin to Battle Point closed January 1 through last day in February.

(h) March 1 through April 30 - Closed.

(i) ((Fishing is open year round when fishing from the)) Elliott Bay Fishing Pier((, the Fishing Pier)) at Terminal 86, ((the)) Seacrest Pier, ((the)) Waterman Pier, ((the)) Bremerton Boardwalk, and ((the)) Illahee State Park Pier: Open only June 16 through April 30 - Daily limit 2 salmon, not more than one of which may be a chinook salmon. Release chum August 1 through September 15.

(8) Catch Record Card Area 11:

(a) May 1 through ((May 30)) June 15 - Closed.

(b) June ((1)) 16 through October 31 - Daily limit of 2 salmon. Waters of Commencement Bay east of a line from the Cliff House Restaurant to the Sperry Ocean Dock closed June ((1)) 16 through July 31.

(c) November 1 through December 31 - Daily limit of 2 salmon, not more than one of which may be a chinook salmon.

(d) January 1 through February ((13)) 15 - Closed.

(e) February ((14)) 16 through April 10 - Daily limit of 1 salmon.

(f) April 11 through April 30 - Closed.

(g) ((Fishing is open year round when fishing from the)) Dash Point Dock, ((the)) Les Davis Pier, ((the)) Des Moines Pier, ((the)) Redondo Pier and ((the)) Point Defiance Boathouse Dock: Open only June 16 through April 30 - Daily limit 2 salmon, not more than one of which may be a chinook salmon.

(9) Catch Record Card Area 12:

(a) May 1 through June 30 - Closed.

(b) July 1 through October 15 in waters south of Ayock Point - Daily limit 4 salmon, of which no more than two may be chinook salmon. Release chum.

(c) July 1 through August 31 in waters north of Ayock Point except waters of Quilcene Bay north of a true east line from Whitney Point to the Toandos Peninsula - Closed.

(d) September 1 through October 15 in waters north of Ayock Point and August 16 through October 15 in waters of Quilcene Bay north of a true east line from Whitney Point to the Toandos Peninsula - Daily limit 4 coho salmon. Release all salmon except coho.

(e) October 16 through December 31 - Daily limit 4 salmon, of which no more than one may be a chinook salmon.

(f) January 1 through February ((13)) 15 - Closed.

(g) February ((14)) 16 through April 10 - Daily limit 1 salmon.

(h) April 11 through April 30 - Closed.

(i) July 1 through December 31 the Hoodsport Hatchery Zone is managed separately from the remainder of Area 12. See WAC 220-56-124.

(10) Catch Record Card Area 13:

(a) May 1 through ((May 31)) June 15 - ((Daily limit 2 salmon, of which not more than one may be a chinook salmon)) Closed.

(b) June ((1)) 16 through June 30 - Daily limit 2 salmon. Waters of Carr Inlet north of a line from Penrose Point to Green Point closed.

(c) July 1 through October 31 - Daily limit 2 salmon. Release wild coho. Waters of Carr Inlet north of a line from Penrose Point to Green Point closed ((May)) July 1 through July 31, except open to fly fishing only for hatchery coho ((July 1 through July 31)).

(d) Waters at the mouth of Minter Creek within 1,000 feet of the outer oyster stakes are closed July 1 through September 30.

(e) Waters of Budd Inlet south of the Fourth Avenue Bridge are closed. Contiguous waters north of the Fourth Avenue Bridge and south of a line from the northwest corner of the Thriftway Market building and a point 100 yards north of the railroad bridge on the western shore are closed July 16 through October 31.

(f) November 1 through December 31 - Daily limit of 2 salmon, not more than one of which may be a chinook salmon.

(g) January 1 through April 30 - Daily limit 1 salmon. Waters of Carr Inlet north of a line from Penrose Point to Green Point closed April 16 through April 30.

(h) ((Fishing is open year round when fishing from the)) Fox Island Public Fishing Pier: Open only June 16 through April 30 - Daily limit 2 salmon, not more than one of which may be a chinook salmon. Release wild coho July 1 through October 31.

[Statutory Authority: RCW 77.12.047. 03-16-109 (Order 03-182), 232-28-621, filed 8/6/03, effective 9/6/03; 03-05-057 (Order 03-24), 232-28-621, filed 2/14/03, effective 5/1/03; 02-15-097 (Order 02-158), 232-28-621, filed 7/16/02, effective 8/16/02; 02-08-048 (Order 02-53), 232-28-621, filed 3/29/02, effective 5/1/02; 01-14-001 (Order 01-107), 232-28-621, filed 6/21/01, effective 7/22/01. Statutory Authority: 2000 c 107 7. 00-16-091 (Order 00-134), amended and recodified as 232-28-621, filed 7/31/00, effective 8/31/00. Statutory Authority: RCW 75.08.080. 00-01-103 (Order 99-215), 220-56-191, filed 12/16/99, effective 1/16/00. 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.]

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.

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