WSR 08-10-044

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 08-91 -- Filed April 30, 2008, 3:55 p.m. , effective May 1, 2008 ]


Effective Date of Rule: May 1, 2008.

Purpose: Amend fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-61900M; and amending WAC 220-56-105, 220-56-116, 220-56-124, 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: The department is in the process of adopting permanent rules that are necessary to implement the personal use fishing plans agreed-to with resource comanagers at the North of Falcon proceedings. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 6, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: April 30, 2008.

Phil Anderson

for Jeff Koenings

Director


NEW SECTION
WAC 220-56-10500D   River mouth definitions -- 2008 North of Falcon.   Notwithstanding the provisions of WAC 220-56-105, effective May 1, 2008, until further notice, provided that unless otherwise amended, all permanent rules remain in effect: The following river mouth is hereby otherwise defined: McLane Creek - a line 100 feet upstream of and parallel to the south bridge on Highway 101.

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NEW SECTION
WAC 220-56-11600F   Statewide saltwater hook rules -- 2008 North of Falcon.   Notwithstanding the provisions of WAC 220-56-116, effective May 1, 2008, until further notice, it is unlawful to use other than single-point barbless hooks to fish for salmon in Marine Areas 1-13, except in the Ocean Shores and Westport Boat Basins, and in Marine Area 2-1 from August 1 until further notice, as provided for in this section.

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NEW SECTION
WAC 220-56-12400H   Unlawful provisions -- Hoodsport Hatchery.   Notwithstanding the provisions of WAC 220-56-124, effective July 1, 2008, until further notice, those waters of Catch Record Card Area 12 within a 2,000 foot arc seaward of yellow buoys at the mouth of Finch Creek at the Hoodsport Salmon Hatchery are regulated as provided for in this section:

(1) These waters are open to salmon angling regardless of the status of the surrounding waters of Area 12.

(2) Special daily limit of four salmon, of which no more than two salmon may be chinook salmon greater than 24 inches in length and no more than two may be coho salmon. Release chum salmon.

(3) It is unlawful to fish for or possess salmon taken from these waters from one hour after sunset to one hour before sunrise.

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NEW SECTION
WAC 232-28-61900E   Exceptions to statewide rules -- 2008 North of Falcon.   Notwithstanding the provisions of WAC 232-28-619, effective May 1, 2008, until further notice, it is unlawful to violate the following provisions, provided that unless otherwise amended, all permanent rules remain in effect:

(1) Baker River (Skagit County): Mouth to Highway 20 Bridge: Salmon: Open June 14 through July 31, except closed 12:01 a.m. June 30 through 2:00 p.m. July 2, and 12:01 a.m. July 9 through 2:00 p.m. July 11. Non-buoyant lure restriction and night closure in effect. Daily limit 2 sockeye salmon.

From Highway 20 Bridge upstream 250' to boundary markers: Gamefish: Closed. Salmon: Open June 14 through July 31. Non-buoyant lure restriction and night closure in effect. Daily limit 2 sockeye salmon.

(2) Cascade River (Skagit County): From the mouth to the Rockport-Cascade Road Bridge: Salmon: Open June 1 through July 15. Non-buoyant lure restriction and night closure in effect. Daily limit 4 salmon, no more than 2 adults. Release all salmon except hatchery Chinook.

(3) Columbia River, From Priest Rapids Dam to Chief Joseph Dam, including up to base of Washburn Pond outlet structure: Salmon: From Priest Rapids Dam to Wells Dam: Open July 1 until further notice. Daily limit 6 fish of which no more than 2 may be adult salmon. Release coho and sockeye. From Wells Dam to Chief Joseph Dam: Daily limit 6 fish of which no more than 2 may be adult salmon. Release coho and sockeye. July 1 through July 15: open only from Highway 173 Bridge at Brewster to Highway 17 Bridge at Bridgeport. July 16 until further notice: open only from Wells Dam to Highway 17 Bridge at Bridgeport.

(4) Hoh River (Jefferson County), Outside of Olympic National Park: May 16 until further notice season. May 16 through May 31, open Wednesday through Sunday downstream from Willoughby Creek only. Willoughby Creek upstream to park boundary closed through May 31. Selective gear rules June 1 until further notice from Willoughby Creek to Morgan's Crossing Boat Launch, and June 1 until further notice from Morgan's Crossing Boat Launch to the mouth of south fork. Trout: Minimum length fourteen inches. Catch and release during May, except up to two hatchery steelhead may be retained on open days. Salmon: From Olympic National Park boundary to Willoughby Creek: Open May 16 until further notice. Open Wednesday through Sunday only of each week, daily limit 6 fish of which only 1 may be an adult, release wild Chinook.

(5) Naselle River (Pacific/Wahkiakum counties), From Highway 101 Bridge to Highway 4 Bridge: Salmon: Open August 1 until further notice. Daily limit 6 fish of which no more than 3 may be adult salmon and of these 3 adult fish no more than 2 may be adult Chinook. Release wild coho.

(6) Nemah River, Middle Fork and South Fork (Pacific County): Salmon: Open August 1 until further notice on Middle Nemah from mouth to DNR Bridge and South Nemah from mouth to confluence with Middle Nemah. Middle and South Nemah: Daily limit 6 fish of which no more than 2 may be adult salmon and of the two adult fish no more than one may be a wild adult coho.

(7) Nooksack River (Whatcom County), from mouth to forks, Middle Fork to Dam and North Fork to Maple Creek: Nonbuoyant lure restriction and night closure in effect June 1 until further notice.

(8) Nooksack River, South Fork (Skagit/Whatcom counties): From mouth to Skookum Creek: Night closure in effect June 1 until further notice.

(9) Puyallup River (Pierce County): From mouth to the Electron power plant outlet: Salmon: Open August 16 until further notice from mouth to Carbon River. Daily limit 6 fish of which no more than 2 may be adult salmon. Release wild adult Chinook.

(10) Skagit River (Skagit/Whatcom counties):

(a) From the Dalles Bridge at Concrete to the Highway 530 Bridge at Rockport: Salmon open June 14 through July 31, except closed 12:01 a.m. June 30 until 2:00 p.m. July 2, and 12:01 a.m. July 9 until 2:00 p.m. July 11, and closed from 200 feet above the mouth of the Baker River to the Highway 530 Bridge at Rockport. Daily limit two sockeye salmon. Release all salmon except sockeye salmon.

(b) From the Highway 530 Bridge at Rockport to the Cascade River - Salmon open June 1 through July 15. Non-buoyant lure restriction and night closure in effect. Daily limit four salmon, no more than 2 adults. Release all salmon except hatchery Chinook.

(11) Willapa River (Pacific County): Salmon: Open August 1 until further notice from mouth to Highway 6 Bridge approximately 2 miles below mouth of Trap Creek. Daily limit 6 fish of which no more than 3 may be adult salmon and of the adult salmon not more than one may be a wild adult coho and not more than two may be adult Chinook.

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NEW SECTION
WAC 232-28-62000N   Coastal salmon seasons -- 2008 North of Falcon.   Notwithstanding the provisions of WAC 232-28-620, effective May 1, 2008, until further notice, it is unlawful to fish for salmon in coastal waters except as provided for in this section, provided that unless otherwise amended, all permanent rules remain in effect:

(1) Area 1:

(a) Open June 1 - June 28, daily limit 1 salmon, release all salmon except Chinook.

(b) Open June 29 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:

(i) Open June 1 - June 28: open Sunday through Thursday of each week, daily limit 1 salmon, release all salmon except Chinook

(ii) Open June 29 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:

(i) Open July 1 through July 31: 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.

(ii) Open August 1 through August 15: daily limit 6 salmon, not more than two of which may be adult salmon.

(iii) Open August 16 until further notice, daily limit 6 salmon, not more than three of which may be adult salmon, of which only 2 may be Chinook.

(c) Area 2-2 west of the Buoy 13 line: closed.

(d) 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 1 until further notice.

(3) Area 3:

(a) Open June 1 - June 28: open Tuesdays through Saturday of each week, daily limit 1 salmon, release all salmon except Chinook.

(b) Open July 1 until further notice: open Tuesday through Saturday of each week, daily limit 2 salmon, not more than one of which may be a Chinook, except release wild coho.

(4) Area 4:

(a) Open June 1 - June 28: open Tuesdays through Saturday of each week, daily limit 1 salmon, release all salmon except Chinook. Closed to salmon angling east of a true north/south line through Sail Rock.

(b) Open July 1 until further notice, with the following area rules, limits, and species restrictions: open Tuesday through Saturday of each week, daily limit 2 salmon, not more than one of which may be a Chinook, except release wild coho.

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

(ii) Effective beginning August 1, release Chinook east of the Bonilla-Tatoosh Line.

(iii) Effective beginning August 1, release chum.

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NEW SECTION
WAC 232-28-62100C   Puget Sound salmon seasons -- 2008 North of Falcon.   Notwithstanding the provisions of WAC 232-28-621, WAC 220-56-128, and WAC 220-56-195, effective May 1, 2008 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:

(a) Open July 1 - August 9, daily limit 2 salmon, except release chum, wild Chinook, and wild coho.

(b) Open August 10 until further notice, daily limit 2 salmon, except release chum, Chinook, and wild coho.

(2) Area 6:

(a) Open July 1 - August 9, daily limit 2 salmon, except release chum and wild coho; release wild Chinook west of a true north-south line through Buoy #2 immediately east of Ediz Hook; and release all Chinook east of a true north-south line through Buoy #2 immediately east of Ediz Hook.

(b) Open August 10 until further notice, daily limit 2 salmon, except release chum, Chinook, and wild coho.

(3) Area 7:

(a) Waters of Bellingham Bay described in WAC 220-56-195(1) closed July 1 through August 15. Open August 16 until further notice - Daily limit 4 salmon, not more than 2 of which may be Chinook salmon.

(b) All other waters of Area 7 - Open July 1 until further notice, daily limit 2 salmon, not more than one of which may be a Chinook salmon; and effective beginning August 1, release chum and wild coho.

(4) Area 8-1 - Open August 1 until further notice, daily limit 2 salmon, except release Chinook.

(5) Area 8-2:

(a) Effective June 15 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 the 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 August 1 until further notice - All other waters of Area 8-2 open. Daily limit 2 salmon, except release Chinook.

(6) Area 9:

(a) Salmon fishing open year-round from the Edmonds fishing pier. Daily limit 2 salmon, not more than one of which may be a Chinook, and effective beginning August 1, release chum.

(b) Effective July 16 until further notice - All other waters of Area 9 open with the following area rules, limits, and species restrictions:

(i) July 16 through August 15, daily limit 2 salmon, except release chum, wild coho, and wild Chinook. Closed south of a line from Foulweather Bluff to Olele Point.

(ii) August 16 until further notice, daily limit 2 salmon, except release Chinook, chum and wild coho.

(7) Area 10:

(a) Salmon fishing open year-round from the Elliott Bay public fishing pier, Seacrest pier, Waterman pier, Bremerton boardwalk, and Illahee State Park pier. Daily limit 2 salmon, not more than one of which may be a Chinook, and effective beginning August 1, release chum.

(b) Effective June 1 through June 30, closed; except open north of a line from Meadow Point to Point Monroe, and release all salmon.

(c) Effective July 1 until further notice, all other waters of Area 10 open with the following area rules, limits, and species restrictions:

(i) July 1 through July 15, daily limit 2 salmon, except release Chinook.

(ii) July 16 through August 15, daily limit 2 salmon, except release wild Chinook; and effective August 1, release chum.

(iii) August 16 until further notice, daily limit 2 salmon, except release Chinook and chum.

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

(v) 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: daily limit 2 salmon, lawful to retain any Chinook; and effective August 1, release chum.

(vi) During the period July 1 through August 26, Elliott Bay east of a line from West Point to Alki Point is closed; except July 4 through August 25 - Open east of a line from Pier 91 to Duwamish Head, Friday through Monday of each week - Daily limit of 2 salmon, lawful to retain any Chinook, and release chum August 1 through August 25.

(vii) Effective July 1 until further notice, Duwamish waterway downstream from the First Avenue South Bridge to an east-west line through Southwest Hanford Street on Harbor Island parallel to Southwest Spokane Street where it crosses Harbor Island: Night closure, only 1 single-point barbless hook may be used, and only fish hooked inside the mouth may be retained.

(8) Area 11:

(a) Salmon fishing open year-round from the Les Davis public fishing pier, Des Moines public fishing pier, Redondo public fishing pier, Dash Point dock, and Point Defiance Boathouse dock. Daily limit 2 salmon, not more than one of which may be a Chinook.

(b) Effective June 1 until further notice - All other waters of Area 11 open. Daily limit 2 salmon, except release wild Chinook.

(c) 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 are closed June 1 through July 31.

(9) Area 12:

(a) July 1 until further notice in waters south of Ayock Point - Daily limit 4 salmon, of which no more than 2 may be Chinook salmon and no more than 2 may be coho. Release chum.

(b) August 16 until further notice in waters of Quilcene Bay north of a true east line from Whitney Point to the Toandos Peninsula - Daily limit 2 coho salmon. Release all salmon except coho.

(c) July 1 until further notice, the Hoodsport Hatchery Zone is managed separately from the remainder of Area 12 described in WAC 220-56-124.

(10) Area 13:

(a) Salmon fishing open year-round from the Fox Island public fishing pier. Daily limit 2 salmon, not more than one of which may be a Chinook; and effective July 1, release wild coho.

(b) All other waters of Area 13, open May 1 until further notice, with the following area rules, limits and species restrictions:

(i) May 1 through June 30 - Daily limit 2 salmon, except release wild Chinook.

(ii) July 1 until further notice - Daily limit 2 salmon, except release wild coho and wild Chinook.

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REPEALER


The following section of the Washington Administrative Code is repealed effective May 1, 2008:


WAC 232-28-61900M Exceptions to statewide rules -- Hoh River (Jefferson Co.)

Washington State Code Reviser's Office