WSR 17-13-038
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 17-108—Filed June 14, 2017, 9:48 a.m., effective June 14, 2017, 9:48 a.m.]
Effective Date of Rule: Immediately upon filing.
Purpose: Amend recreational fishing rules for Puget Sound.
Citation of Existing Rules Affected by this Order: Repealing WAC 220-300-16000A, 220-300-22000A, 220-310-21000A, 220-313-02000A and 220-313-06000C; and amending WAC 220-300-160, 220-300-220, 220-310-210, 220-313-020, and 220-313-060.
Statutory Authority for Adoption: RCW 77.04.012, 77.04.020, 77.12.045, and 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: This emergency rule is needed because the department of fish and wildlife 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. There is insufficient time to adopt permanent rules.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 5, Amended 0, Repealed 5.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: June 14, 2017.
J. W. Unsworth
Director
NEW SECTION
WAC 220-300-16000B DefinitionsPersonal-use fishing
Notwithstanding the provisions of WAC 220-300-160, effective July 1, 2017, until further notice "Shoreline Fishing" or "Shore Fishing" means fishing from shore or a structure affixed to the shore or by wading in the water.
NEW SECTION
WAC 220-300-22000B Geographical definitionsRiver mouth definition
Notwithstanding the provisions of WAC 220-300-220, effective July 1, 2017, until further notice Duwamish River mouth is an east-west line extending through the southernmost tip of Harbor Island.
NEW SECTION
WAC 220-310-21000B Possession and delivery of Canadian-origin food fish and shellfish
Notwithstanding the provisions of WAC 220-310-210, it is unlawful to possess in marine waters or deliver into Washington any fresh salmon taken for personal use from Canadian waters unless such salmon meet current salmon regulations for the waters of the applicable department of fish and wildlife catch record card area. However, if the vessel operator has a valid Canadian customs clearance number obtained once they are in Canadian waters fishers aboard the vessel may deliver Canadian-origin salmon into Washington that are lawfully taken in Canada, regardless of whether the salmon meet the current salmon regulations for the area where delivered.
NEW SECTION
WAC 220-313-02000B Closed areasSaltwater salmon angling.
(1) Notwithstanding the provisions of WAC 220-313-020, effective July 1 through July 31, 2017 Southern Rosario Strait and Eastern Strait of Juan de Fuca is closed to salmon angling.
(2) Notwithstanding the provisions of WAC 220-313-020, effective July 1, 2017 until further notice those waters of Bellingham, Samish, and Padilla Bays, easterly of a line from Sandy Point to the northern most point of Lone Tree Island, thence easterly of a line from Lone Tree Island to the Northeast point of Sinclair Island, thence from the southeastern most point on Sinclair Island to Clark Point on Guemes Island, thence following the shoreline to Yellow Bluff on the southwest corner of Guemes Island, thence to Yellow Bluff Reef range marker, thence to the ferry terminal dock east of Shannon Point and north of the Burlington Railroad Bridges at the north end of Swinomish Slough are closed to salmon angling.
NEW SECTION
WAC 220-313-06000D Puget Sound salmonSaltwater seasons and daily limits.
Notwithstanding the provisions of WAC 220-313-060, effective immediately through August 15, 2017:
(1) Catch Record Card Area 5:
(a) July 1 until further notice: hatchery coho can be kept as part of the daily salmon limit, no additional pink or sockeye salmon limit in addition to the daily limit.
(b) Catch Record Card Area 6:
(a) July 1 until further notice: hatchery coho can be kept as part of the daily salmon limit, no additional pink salmon limit in addition to the daily limit.
(b) Dungeness Bay: July 16 until further notice: closed to salmon angling.
(c) Catch Record Card Area 7:
(a) July 1 until further notice: no additional pink salmon limit in addition to the daily limit.
(b) Bellingham Bay and Southern Rosario Strait and Eastern Strait of Juan de Fuca are closed to salmon angling as described in WAC 220-313-020.
(d) Catch Record Card Area 8-2:
(a) Tulalip Bay: Chinook and coho can be kept as part of the salmon daily limit, no additional pink salmon limit in addition to the daily limit.
(b) August 1 until further notice: it is permissible to fish from shore in waters on Whidbey Island from Possession Point (Catch Record Card Area 8-2 and 9 border) north to the northern boundary of Possession Point Waterfront Park: daily limit of 2 hatchery coho.
(c) Catch Record Card Area 9:
(a) July 1 through July 15: closed.
(b) July 16 until further notice: no additional pink salmon limit in addition to the daily limit, hatchery coho can be kept as part of the daily salmon limit, no more than one hatchery Chinook may be kept as part of the daily limit.
(c) South of a line from Foulweather Bluff to Olele Point: closed to salmon angling July 15 until further notice except it is permissible to fish from shore with a daily limit of 2 salmon, release Chinook, wild coho and chum, no additional pink salmon limit in addition to the daily limit, closed to salmon angling east of a line from the eastern boundary of Salsbury Point Park extending north to a line with the intersection of NE Cliffside Road and Hood Canal Drive NE.
(d) Edmonds Fishing Pier is open year-round, coho may be kept as part of the daily salmon limit, no additional pink salmon limit in addition to the daily limit.
(d) Catch Record Card Area 10:
(a) Immediately through June 30: closed to salmon angling.
(b) July 1 through July 15: no additional pink salmon limit in addition to the daily limit, hatchery coho can be kept as part of the daily salmon limit.
(c) July 16 until further notice: no additional pink salmon limit in addition to the daily limit, hatchery coho can be kept as part of the daily salmon limit, no more than one hatchery Chinook may be kept as part of the daily limit.
(d) Sinclair Inlet: July 1 until further notice: no additional pink salmon limit in addition to the daily limit.
(e) July 1 until further notice: it is permissible to fish for salmon in free-flowing freshwaters downstream of Chico Creek mouth.
(f) Duwamish Waterway downstream from an east-west line through the southernmost tip of Harbor Island to a line extending from Jack Block Park through the northernmost tip of Harbor Island extending to shore northeast of the North Waterway (47°35.47'N, 122°20.58'W), from July 1 until further notice, night closure, anti-snagging rule, and only fish hooked inside the mouth may be retained.
(g) August 11 through August 13: those waters of Elliott Bay east of a line from Pier 91 to Duwamish Head, daily limit of 2 salmon, release chum and wild coho.
(h) August 14 through August 15: those waters of Elliott Bay east of a line from West Point to Alki Point: closed to salmon angling.
(h) Elliott Bay Fishing Pier at Terminal 86, Seacrest Pier, Waterman Pier, Bremerton Boardwalk and Illahee State Park Pier is open year-round, coho can be kept as part of the daily salmon limit, no additional pink salmon limit in addition to the daily limit.
(e) Catch Record Card Area 11:
(a) Coho can be kept as part of the daily limit, no additional pink salmon limit in addition to the daily limit.
(b) Dash Point Dock, Les Davis Pier, Des Moines Pier, Redondo Pier and Point Defiance Boathouse Dock is open year-round, coho can be kept as part of the daily salmon limit, no additional pink salmon limit in addition to the daily limit.
(f) Catch Record Card Area 12 (north of Ayock Point):
(a) July 1 through July 31: closed to salmon angling.
(b) August 1 through August 15: bait and two-single point barbless hooks measuring one-half inch or less from point to shank may be used.
(c) Catch Record Card Area 12 (south of Ayock Point): July 1 until further notice: it is unlawful to fish from any Hoodsport Salmon Hatchery structure except persons with disabilities who permanently use a wheelchair and who have a designated harvester card under WAC 220-220-240 may fish from the ADA–access site at the Hoodsport Salmon Hatchery as long as persons follow all applicable department rules.
(10) Catch Record Card Area 13:
(a) Hatchery coho can be kept as part of the daily limit.
(b) July 1 until further notice: no additional pink salmon limit in addition to the daily limit.
(c) Fox Island Public Fishing Pier is open year-round, coho can be kept as part of the daily salmon limit, no additional pink salmon limit in addition to the daily limit.
Reviser's note: The typographical errors in the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.
REPEALER
The following sections of the Washington Administrative Code are repealed:
WAC 220-300-16000A
Personal-use fishing. (17-86)
WAC 220-300-22000A
River mouth definitions. (17-86)
WAC 220-310-21000A
Canadian-origin foodfish and shellfish. (17-86)
WAC 220-313-02000A
Closed areasSaltwater salmon angling. (17-86)
WAC 220-313-06000C
Puget Sound recreational salmon. (17-86)