WSR 04-17-005

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 04-203 -- Filed August 4, 2004, 4:33 p.m. , effective August 9, 2004, 12:01 a.m. ]


Purpose: Amend personal use fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-62100P and 232-28-61900Q; and amending WAC 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: The department has estimated the catch of hatchery chinook in Area 5 and the western part of Area 6 through August 5 at 3,220. It is expected that the allowable quota of 3,500, agreed to with comanagers at North of Falcon planning meetings in April, will be attained at the end of the day on Sunday, August 8, 2004. These emergency personal use 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: August 4, 2004.

Evan Jacoby

for Jeff Koenings

Director


NEW SECTION
WAC 232-28-62100Q   Puget Sound salmon seasons -- 2004 North of Falcon.   Notwithstanding the provisions of WAC 232-28-621 and WAC 220-56-195, effective 12:01 a.m. August 9 until further notice, it is unlawful to fish for salmon in Puget Sound except as provided for in this section, provided that unless otherwise amended all permanent rules remain in effect:

(1) Area 5 - Open immediately until further notice - Daily limit 2 salmon, except release chum, chinook, and wild coho.

(2) Area 6 - Open immediately until further notice - Daily limit 2 salmon, except release chum, chinook, and wild coho.

(3) Area 7 - Open immediately until further notice - Daily limit 2 salmon, not more than one of which may be a chinook salmon, except release chum and wild coho.

(4) Area 8-1 - Open immediately until further notice - Daily limit 2 salmon, except release chinook.

(5) Area 8-2:

(a) Effective immediately until further notice - Waters adjacent to Tulalip Bay west of the line from Mission Point to Hermosa Point, and within 2,000 feet of shore, north of pilings at old Bower's Resort and south of a fishing marker 1.4 miles northwest of Hermosa Point, open Friday through 11:59 a.m. the following Monday of each week. Daily limit 2 salmon.

(b) Effective immediately until further notice - All other waters of Area 8-2 open. Daily limit 2 salmon, except release chinook.

(6) Area 9:

(a) Effective immediately until further notice - Edmonds fishing pier open. Daily limit 2 salmon, not more than one of which may be a chinook, release chum.

(b) Effective immediately until further notice - All other waters of area 9 open. Daily limit 2 salmon, except release chinook and chum.

(7) Area 10:

(a) Effective immediately until further notice, Elliott Bay public fishing pier, Seacrest pier, Waterman pier, Bremerton boardwalk, and Illahee State Park pier open. Daily limit 2 salmon, not more than one of which may be a chinook salmon, except release chum.

(b) Effective immediately until further notice, all other waters of area 10 open with the following area rules, limits, and species restrictions - Daily limit 2 salmon, except release chinook and chum.

(i) Shilshole Bay east of a line from Meadow Point to West Point is closed.

(ii) Lawful to retain chinook in waters of Sinclair Inlet and Port Orchard south of the Manette Bridge, south of a line projected true west from Battle Point, and west of a line projected true south from Point White.

(iii) Effective immediately until further notice, Elliott Bay east of a line from West Point to Alki Point is closed, except immediately through August 22 - Open east of a line from Pier 91 to Duwamish Head Friday through Sunday of each week - Daily limit of 2 salmon, lawful to retain chinook, except release chum.

(iv) Terminal gear in waters of the East Duwamish Waterway between a line projected east along the path of SW Hanford Street on Harbor Island and a line projected east from the south tip of Harbor Island is restricted to bait suspended above the bottom from a float.

(8) Area 11:

(a) Effective immediately until further notice - Les Davis public fishing pier, Des Moines public fishing pier, Redondo public fishing pier, Dash Point dock, and Point Defiance Boathouse dock open. Daily limit 2 salmon, not more than one of which may be a chinook salmon.

(b) Effective immediately until further notice - All other waters of area 11 open. Daily limit 2 salmon.

(9) Area 12:

(a) Waters north of Ayock Point:

(i) Closed immediately until further notice, except waters of Quilcene/Dabob bays north of a true east line from Whitney Point to the Toandos Peninsula open effective August 16 until further notice - Daily limit 4, coho only.

(b) Waters south of Ayock Point:

(i) Open immediately until further notice in waters south of Ayock Point - Daily limit 4 salmon, not more than two of which may be chinook, except release chum.

(ii) Waters of the Hoodsport Hatchery Zone regulated under provisions in WAC 220-56-124.

(10) Area 13: Open immediately until further notice with the following area rules, limits and species restrictions:

(a) Effective immediately until further notice - Fox Island public fishing pier open. Daily limit 2 salmon, not more than one of which may be a chinook, except release wild coho.

(b) Effective immediately until further notice - All other waters of area 13 open. Daily limit 2 salmon, except release wild coho.

[]


REPEALER

The following section of the Washington Administrative Code is repealed effective 12:01 a.m. August 9, 2004:


WAC 232-28-62100P Puget Sound salmon seasons -- 2004 North of Falcon (04-139)

The following section of the Washington Administrative Code is repealed effective 12:01 a.m. August 21, 2004:


WAC 232-28-62100Q Puget Sound salmon seasons -- 2004 North of Falcon.

Legislature Code Reviser 

Register

Washington State Code Reviser's Office