WSR 03-14-069

EXPEDITED RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Filed June 26, 2003, 2:04 p.m. ]

     Title of Rule: Recreational fishing rule.

     Purpose: Amend Duwamish waterway gear restriction.

     Other Identifying Information: This is a North of Falcon rule.

     Statutory Authority for Adoption: RCW 77.12.047.

     Statute Being Implemented: RCW 77.12.047.

     Summary: Change gear restriction end date from November 30 to October 31.

     Reasons Supporting Proposal: Additional month of protection not warranted.

     Name of Agency Personnel Responsible for Drafting: Evan Jacoby, 1111 Washington Street, Olympia, 902-2930; Implementation: Lew Atkins, 1111 Washington Street, Olympia, 902-2651; and Enforcement: Bruce Bjork, 1111 Washington Street, Olympia, 902-2372.

     Name of Proponent: Department of Fish and Wildlife, governmental.

     Rule is not necessitated by federal law, federal or state court decision.

     Explanation of Rule, its Purpose, and Anticipated Effects: The Duwamish waterway gear restriction protects schooling salmon from snagging. Enough salmon will have cleared the waterway by October 31 that the additional protection is not needed.

     Proposal Changes the Following Existing Rules: Change ending date on gear restriction.

NOTICE

     THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THE USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Evan Jacoby, Department of Fish and Wildlife, 600 Capitol Way, Olympia, WA 98501-1091 , AND RECEIVED BY September 2, 2003.


June 26, 2003

Evan Jacoby

Rules Coordinator

OTS-6511.1


AMENDATORY SECTION(Amending Order 01-24, filed 3/5/01, effective 5/1/01)

WAC 220-56-126   Nonbuoyant lures and night closures -- Saltwater.   It is unlawful to fish for or possess salmon taken for personal use from the following saltwater areas unless the hooks meet the requirements of this section.

     (1) Nonbuoyant lure restriction: In the following waters during the periods shown, it is unlawful to use a nonbuoyant lure that has more than one single hook or has a hook measuring more than 3/4 inch point to shank:


          Area Time Period
Duwamish waterway downstream from the First Avenue South Bridge to an east-west line through SW Hanford Street on Harbor Island parallel to SW Spokane Street where it crosses Harbor Island July 1 - ((November 30)) October 31
Budd Inlet - waters south of a line true west from the KGY radio station to the mainland and north of the closed zone provided for in WAC 220-56-128 July 16 - October 31
Westport Boat Basin August 16 - January 31

     (2) During the gear restricted periods provided for in this section it is unlawful to fish for food fish or shellfish from one hour after official sunset to one hour before official sunrise.

     (3) No leads, weights, or sinkers may be attached below or less than 12 inches above a lure.

     (4) All hooks must be attached within 3 inches of the bait or lure.

     (5) It is unlawful to use forage fish jigger gear.

[Statutory Authority: RCW 77.12.047. 01-06-036 (Order 01-24), § 220-56-126, filed 3/5/01, effective 5/1/01. Statutory Authority: RCW 75.08.080 and 77.12.040. 98-15-081 (Order 98-122), § 220-56-126, filed 7/15/98, effective 8/15/98. Statutory Authority: RCW 75.08.080. 95-12-027 (Order 95-46), § 220-56-126, filed 5/31/95, effective 7/1/95; 93-08-034 (Order 93-20), § 220-56-126, filed 3/31/93, effective 5/1/93; 90-06-026, § 220-56-126, filed 2/28/90, effective 3/31/90; 89-07-060 (Order 89-12), § 220-56-126, filed 3/16/89; 85-09-017 (Order 85-20), § 220-56-126, filed 4/9/85.]

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