WSR 03-10-053

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 03-90 -- Filed May 2, 2003, 4:29 p.m. ]

     Date of Adoption: May 2, 2003.

     Purpose: Amend personal use rules.

     Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-61900Y and 232-28-61900A; and amending WAC 232-28-619.

     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: These rules are part of the agreed to North of Falcon annual fish management plans. These interim personal use rules are necessary to cover the time period until those permanent rules become effective. In the case of the Quillayute River system, which includes the Bogachiel, Calawah, Dickey, Quillayute, and Sol Duc rivers, there is a definition for hatchery chinook that differs from the standard description. Although the adipose fin clip is now used to designate hatchery salmon that can be harvested, there still remain some chinook in this system that are identified by a ventral fin clip. Both adipose fin clipped and ventral fin clipped hatchery salmon are present in the fishery in the system, and it should be lawful for anglers to retain both kinds of such marked fish in these rivers, up to the quantity prescribed in the daily limit.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 2.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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

May 2, 2003

Evan Jacoby

for Jeff Koenings

Director


NEW SECTION
WAC 232-28-61900A   Exceptions to statewide rules -- 2003 North of Falcon.   Notwithstanding the provisions of WAC 232-28-619, it is unlawful to violate the following provisions, provided that unless otherwise amended all permanent rules remain in effect:


Baker River (Skagit County): Mouth to Highway 20 Bridge: Open to salmon fishing July 1 through July 31. Daily limit 2 sockeye only.


Bogachiel River (Clallam County): Mouth to Highway 101 Bridge: effective July 1 until further notice, it is lawful to retain within the quantities prescribed in the daily limit, hatchery chinook salmon identified by either an adipose fin clip or a ventral fin clip and having a healed scar at the site of the missing fin.


Calawah River (Clallam County): Mouth to Highway 101 Bridge: effective July 1 until further notice, it is lawful to retain within the quantities prescribed in the daily limit, hatchery chinook salmon identified by either an adipose fin clip or a ventral fin clip and having a healed scar at the site of the missing fin.


Carbon River (Pierce County): From mouth to Voight Creek: Effective August 1 until further notice, single point barbless hooks required.


Dickey River (Clallam County): Mouth to East Fork Dickey River: effective July 1 until further notice, it is lawful to retain within the quantities prescribed in the daily limit, hatchery chinook salmon identified by either an adipose fin clip or a ventral fin clip and having a healed scar at the site of the missing fin.


Elwha River (Clallam County): Effective June 1 until further notice, closed from mouth to marker at outfall of WDFW rearing channel.


Hoh River (Jefferson County): Trout: effective May 16 through May 31 from mouth to Willoughby Creek, open Wednesday through Sunday of each week with a daily limit of 2 hatchery steelhead only.


Hoh River South Fork (Jefferson County): outside Olympic National Park: Effective June 1 until further notice, selective gear rules are in effect.


Johns River, including North and South forks (Grays Harbor County): Effective June 1 until further notice, closed upstream of Ballon Creek.


McAllister Creek (Thurston County): July 1 until further notice, salmon daily limit: 6 fish of which no more than 4 may be adult salmon.


Nooksack River (Whatcom County): from Lummi Indian Reservation boundary to Mount Baker High School bus barn at Deming: Salmon: Open August 1 until further notice, in mainstem from Lummi Indian Reservation boundary to Guide Meridian Bridge, daily limit 2 pink salmon only. Selective gear rules, except fishing from boats equipped with motor allowed.


Puyallup River (Pierce County): Effective August 1 until further notice, salmon daily limit of 6 fish of which no more than 2 may be adult salmon. Lawful to retain pink salmon.


Quillayute River, outside Olympic National Park (Clallam County):

     1) Trout: Effective immediately through May 31, open with a daily limit of 2 hatchery steelhead only.

     2) Salmon: effective immediately until further notice, daily limit 6 fish of which no more than 2 may be adult salmon, release wild adult chinook and wild adult coho. It is lawful to retain within the quantities prescribed in the daily limit, hatchery chinook salmon identified by either an adipose fin clip or a ventral fin clip and having a healed scar at the site of the missing fin.


Skagit River (Skagit/Whatcom counties):

     1) Effective June 1 through June 15, open to trout fishing in waters between a line 200 feet above the east bank of the Baker River to a line 200 feet below the west bank of the Baker River. Trout minimum length fourteen inches. Legal to retain Dolly Varden/bull trout as part of trout daily limit, minimum length twenty inches.

     2) Effective July 1 through July 31, open for salmon from the Dalles Bridge at Concrete to a line projected across the river at a point 200' upstream of the east bank of the Baker River. Daily limit 2 sockeye only.


Skykomish River (Snohomish County): Beginning June 1 until further notice, from Lewis Street Bridge in Monroe to Wallace River, night closure and non-buoyant lure restriction in effect.


Sol Duc River (Clallam County):

     1) Effective immediately until further notice, from mouth to concrete pump station at Sol Duc Hatchery, salmon daily limit 6 fish of which no more than 2 may be adult salmon, release wild adult chinook and wild adult coho. It is lawful to retain within the quantities prescribed in the daily limit, hatchery chinook salmon identified by either an adipose fin clip or a ventral fin clip and having a healed scar at the site of the missing fin.

     2) Effective immediately through May 31 from mouth to concrete pump station at Sol Duc Hatchery, open to trout fishing with a daily limit of 2 hatchery steelhead only.

     3) Beginning June 1 until further notice, from Highway 101 Bridge downstream of Snider Creek to Olympic National Park boundary, selective gear rules are in effect.

[]


REPEALER

     The following section of the Washington Administrative Code is repealed effective immediately:


WAC 232-28-61900Y Exceptions to statewide rules -- 2003 North of Falcon. (03-84)

     The following section of the Washington Administrative Code is repealed effective 11:59 p.m. August 15, 2003:


WAC 232-28-61900A Exceptions to statewide rules -- 2003 North of Falcon.

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