WSR 00-01-103

PERMANENT RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 99-215 -- Filed December 16, 1999, 12:58 p.m. ]

Date of Adoption: December 10, 1999.

Purpose: Amend marine preserve and conservation areas.

Citation of Existing Rules Affected by this Order: Amending WAC 220-16-480, 220-16-720, 220-20-020, and 220-56-191.

Statutory Authority for Adoption: RCW 75.08.080.

Adopted under notice filed as WSR 99-22-066 on November 1, 1999.

Changes Other than Editing from Proposed to Adopted Version: WAC 220-16-480 as proposed: The "Sund Rock Marine Preserve Area" is defined as those waters and bed lands enclosed by a line originating at the shore of Hood Canal, at the mouth of Sund Creek (47 26' 396N", 123 07' 070W"), thence due east 350 feet, thence due south to latitude 47 26' 382N", thence due west until it intersects the beach, including all of the underwater feature known as Sund Rock.

WAC 220-16-480 as adopted: The "Sund Rock Marine Preserve Area" is defined as those waters and bed lands enclosed by a line originating at the shore of Hood Canal, at the mouth of Sund Creek (47 26.4'N, 123 7.1"W), thence due east to 123 6.9'W, thence due south to 47 26'N, thence due west until it intersects the beach, thence north along the ordinary high water line to the point of origin, including all of the underwater feature known as Sund Rock.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 4, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 4, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: Thirty-one days after filing.

December 15, 1999

Debbie Nelson

for Kelly White, Chairman

Fish and Wildlife Commission

OTS-3572.3


AMENDATORY SECTION(Amending Order 98-120, filed 7/7/98, effective 8/7/98)

WAC 220-16-480
Sund Rock Marine Preserve Area.

The "Sund Rock Marine Preserve Area" is defined as those waters and bed lands ((within 200 yards of the salmon net pens located near Sund Rock in Hood Canal)) enclosed by a line originating at the shore of Hood Canal, at the mouth of Sund Creek (47 26.4'N, 123 7.1'W), thence due east to 123 6.9'W, thence due south to 47 26'N, thence due west until it intersects the beach, thence north along the ordinary high water line to the point of origin, including all of the underwater feature known as Sund Rock.

[Statutory Authority: RCW 75.08.080. 98-15-031 (Order 98-120), 220-16-480, filed 7/7/98, effective 8/7/98.]


AMENDATORY SECTION(Amending WSR 98-06-031, filed 2/26/98, effective 5/1/98)

WAC 220-16-720
Brackett's Landing Shoreline Sanctuary Conservation Area.

"Brackett's Landing Shoreline Sanctuary Conservation Area" is defined as those bed lands and tidelands owned by the City of Edmonds at Brackett's Landing Shoreline Sanctuary, and the water column above these bed lands and tidelands including all of the area known as Edmonds Underwater Park.

[Statutory Authority: RCW 77.12.040 and 75.08.080. 98-06-031, 220-16-720, filed 2/26/98, effective 5/1/98.]

OTS-3571.1


AMENDATORY SECTION(Amending Order 98-120, filed 7/7/98, effective 8/7/98)

WAC 220-20-020
General provisions -- Lawful and unlawful acts -- Food fish other than salmon.

(1) It is unlawful to fish for or possess for commercial purposes any round, undressed white sturgeon less than 48 inches or greater than 60 inches in length or any round, undressed green sturgeon less than 48 inches or greater than 66 inches in length.

(2) It is unlawful to fish for or possess for commercial purposes or possess aboard a commercial fishing vessel for any purpose any species of halibut (Hippoglossus) unless permitted by the current regulations of the International Pacific Halibut Commission.

(3) It is unlawful to fish for or possess for commercial purposes sturgeon taken from any of the waters of Puget Sound or tributaries, and any sturgeon taken with any type of commercial gear incidental to a lawful fishery shall immediately be returned to the water unharmed.

(4) It is unlawful to fish for food fish for commercial purposes in the waters of Shilshole Bay inland and inside a line projected in a southwesterly direction from Meadow Point to West Point.

(5) It is unlawful to fish for or possess for commercial purposes any starry flounder less than 14 inches in length taken by any commercial gear, in all Puget Sound Marine Fish-Shellfish Areas.

(6) It shall be unlawful to harvest herring eggs naturally deposited on marine vegetation or other substrate, unless a person has a permit issued by the director.

(7) It is unlawful to fish for or possess food fish other than salmon taken for commercial purposes from the San Juan Islands Marine Preserve, except that it is lawful to take herring.

(8) It is unlawful to fish for or possess food fish other than salmon taken from the Titlow Beach Marine Preserve, or the Sund Rock Marine Preserve((, or the Edmonds Underwater Park)).

[Statutory Authority: RCW 75.08.080. 98-15-031 (Order 98-120), 220-20-020, filed 7/7/98, effective 8/7/98; 97-07-043 (Order 97-51), 220-20-020, filed 3/14/97, effective 4/14/97; 95-23-020 (Order 95-166), 220-20-020, filed 11/8/95, effective 12/9/95; 93-14-042 (Order 93-54), 220-20-020, filed 6/29/93, effective 7/30/93. Statutory Authority: RCW 75.08.080 and 75.28.245. 90-07-003 (Order 90-17), 220-20-020, filed 3/8/90, effective 4/8/90. Statutory Authority: RCW 75.08.080. 90-06-045 (Order 90-15), 220-20-020, filed 3/1/90, effective 4/1/90; 80-09-072 (Order 80-69), 220-20-020, filed 7/18/80; 79-03-014 (Order 79-11), 220-20-020, filed 2/15/79; Order 77-147, 220-20-020, filed 12/16/77; Order 77-14, 220-20-020, filed 4/15/77; Order 76-148, 220-20-020, filed 12/2/76; Order 76-26, 220-20-020, filed 4/20/76; Order 1193-A, 220-20-020, filed 3/5/75; Order 1193, 220-20-020, filed 3/4/75; Order 1143, 220-20-020, filed 8/8/74; Order 1105, 220-20-020, filed 12/28/73; Order 1057, 220-20-020, filed 5/22/73; Order 1045, 220-20-020, filed 3/8/73; Order 988, 220-20-020, filed 4/28/72; Order 920, 220-20-020, filed 5/13/71; Order 862, 220-20-020, filed 4/16/70; Order 817, 220-20-020, filed 5/29/69; Order 810, 220-20-020, filed 4/17/69.]

OTS-3555.2


AMENDATORY SECTION(Amending Order 99-102, filed 7/20/99, effective 8/20/99)

WAC 220-56-191
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, sizes, and for the species designated in this section and as defined in the daily limit codes in WAC 220-56-180. Puget Sound waters west of the mouth of the Sekiu River are managed concurrent with ocean waters as provided for in WAC 220-56-190. In all fisheries provided for in this section, chinook salmon minimum size 22 inches and no minimum size for other salmon.

(1) Catch Record Card Areas 5 and 6 -

(a) August 1 through September 30, special daily limit of 2 salmon, except release chinook, chum and wild coho salmon.

(b) Dungeness Bay inside a line from Dungeness Spit Light to the No. 2 red buoy and then to the Port Williams boat ramp open only October 1 through October 31 - Special daily limit of 2 coho salmon, release all salmon except coho salmon.

(c) November 1 through November 30 - Special daily limit of 2 salmon of which no more than one may be a chinook salmon and release all coho salmon.

(d) February 16 through April 10 - Special daily limit of 1 salmon.

(2) Catch Record Card Area 7:

(a) July 1 through September 30 - Special daily limit of 2 salmon, not more than 1 of which may be a chinook salmon.

(b) October 1 through October 31 - Special daily limit of 2 salmon, except release chinook salmon.

(c) November 1 through November 30 - Special daily limit of 2 salmon, no more than one of which may be a chinook salmon.

(d) February 16 through April 10 - Special daily limit of one salmon.

(e) Notwithstanding the provisions of this subsection during the period August 16 through October 31 the special daily limit in Bellingham Bay and adjacent waters described in WAC 220-56-195(1) is 4 salmon no more than 1 of which may be chinook.

(3) Catch Record Card Area 8-1:

(a) September 1 through October 31 - Special daily limit of 2 salmon except release chinook and pink salmon.

(b) November 1 through November 30 - Special daily limit of 2 salmon, not more than 1 of which may be a chinook salmon.

(c) February 16 through April 10 - Special daily limit of one salmon.

(4) Catch Record Card Area 8-2:

(a) August 1 through October 31 - Special daily limit of 2 salmon except release chinook salmon.

(b) Waters adjacent to Tulalip Bay west of a line from Mission Point to Hermosa Point and within 2,000 feet of shore between pilings at Old Bower's Resort on the south and a fishing marker 1.4 miles northwest of Hermosa Point open only 12:01 a.m. each Friday through 11:59 a.m. the following Monday, August 1 through September 30. Special daily limit of 2 salmon not more than 1 of which may be a chinook salmon.

(c) February 16 through April 10 - Special daily limit of one salmon.

(5) Catch Record Card Area 9:

(a) August 1 through October 31 - Special daily limit of 2 salmon except release chinook salmon the entire time and release chum salmon August 1 through September 30.

(b) November 1 through November 30 - Special daily limit of 2 salmon not more than one of which may be a chinook salmon.

(c) Notwithstanding the provisions of this subsection, salmon fishing is permitted year-round from the Edmonds Fishing Pier - Special daily limit of 2 salmon not more than one of which may be a chinook salmon.

(d) Notwithstanding the provisions of this section, salmon fishing is permitted May 1 through June 30 and August 1 through April 30 from the Hood Canal Bridge Fishing pontoon - Special daily limit of 2 salmon not more than one of which may be a chinook salmon, and release chum salmon August 1 through September 30, and release chinook August 1 through August 31.

(e) February 16 through April 10 - Special daily limit of one salmon.

(6) Catch Record Card Area 10:

(a) July 1 through October 31 - Special daily limit of 2 salmon except release chinook salmon, and:

(i) During the period July 1 through August 16, Elliott Bay east of a line from West Point to Alki Point is closed, except waters east of a line from Pier 91 to Duwamish Head open noon August 6 to noon August 9 and noon August 13 to noon August 16 - Special daily limit of 2 salmon not more than one of which may be a chinook salmon. The 2-ounce weight restriction does not apply in this subsection.

(ii) During the period July 1 through October 31, Shilshole Bay east of a line from Meadow Point to West Point is closed.

(iii) During the period August 1 through September 30, waters of Sinclair Inlet and Port Orchard south of the Manette Bridge, south of a line projected true east from Illahee State Park and west of a line projected true south from Point White - Special daily limit of 2 salmon not more than one of which may be a chinook salmon. The 2-ounce weight restriction does not apply in this subsection.

(iv) During the period July 1 through August 31 waters east of a line from Point Wells to Meadow Point are closed.

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

(c) February 16 through April 10 - Special daily limit of one salmon.

(d) Notwithstanding the provisions of this subsection, salmon fishing is permitted year-round from the Elliott Bay public fishing pier at Terminal 86 and Seacrest Pier - Special daily limit of 2 salmon not more than one of which may be a chinook salmon.

(7) Catch Record Card Area 11.

(a) June 1 through November 30 - Daily limit of 2 salmon not more than one of which may be a chinook salmon and release pink salmon.

(b) February 16 through April 10 - Special daily limit of one salmon.

(c) Notwithstanding the provisions of this subsection, salmon fishing is permitted year-round from the Dash Point Dock and the Point Defiance Boathouse Dock - Special daily limit of 2 salmon, not more than one of which may be a chinook salmon.

(8) Catch Record Card Area 12:

(a) July 1 through August 31 in waters south of Ayock Point - Special daily limit of 2 salmon, not more than one of which may be a chinook salmon and release chum and pink salmon.

(b) August 1 through August 31 in waters north of Ayock Point - Special daily limit of 4 salmon except release chinook, chum and pink salmon.

(c) September 1 through October 15 - Special daily limit of 4 salmon except release chinook, chum and pink salmon.

(d) October 16 through December 31 - Special daily limit of 4 salmon, not more than one of which may be a chinook salmon.

(e) February 16 through April 10 - Special daily limit of 1 salmon.

(f) Waters of the Hoodsport Hatchery Zone are managed separately as provided for in WAC 220-56-124.

(g) The Hood Canal Bridge fishing pier is managed under Area 9.

(9) Catch Record Card Area 13:

(a) May 1 through December 31 - Special daily limit of 2 salmon not more than one of which may be a chinook salmon and release wild coho salmon July 1 through October 31.

(b) January 1 through February 15 - Release all salmon.

(c) February 16 through April 10 - Special daily limit of one salmon.

(d) Notwithstanding the provisions of this section, salmon fishing is permitted year-round from the Fox Island Public Fishing Pier - Special daily limit of 2 salmon, not more than one of which may be a chinook salmon and release wild coho salmon July 1 through October 31.

(10) In the above waters there are specified closures as provided for in WAC 220-56-128 and 220-56-195. Additionally, there are gear and area restrictions at Shilshole Bay, the Duwamish Waterway, ((and)) Budd Inlet, ((and at)) Titlow Beach and ((the Edmonds underwater park and)) the Elliott Bay, Les Davis, and Des Moines public fishing piers. See specific sections in chapter 220-56 WAC for salmon angling restrictions at these locations.

[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.]

Washington State Code Reviser's Office