EMERGENCY RULES
FISH AND WILDLIFE
Date of Adoption: July 30, 2003.
Purpose: Amend personal use rules.
Citation of Existing Rules Affected by this Order: Repealing WAC 220-56-10000A, 220-56-12800F, 220-56-19500K, 232-12-61900S, 232-28-62100K, 220-56-12800G, 220-56-19500L, and 232-12-61900T; and amending WAC 220-56-100, 220-56-128, 220-56-195, 232-12-619, 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 has estimated the catch of hatchery chinook in Area 5 and the western part of Area 6 through July 27, at 2,446, and it is expected that the allowable quota of 3,500, agreed to with comanagers at North of Falcon planning meetings in April, will be attained at the end of the day on Sunday, August 3. These emergency personal use rules are necessary to comply with agreed-to management plans, and they cover the time period until permanent rules become effective.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 5, Amended 0, Repealed 8.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.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Repealed 0;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Repealed 0;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Repealed 0.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:
August 1, 2003, 12:01 a.m.
July 30, 2003
Jim Lux
for Jeff Koenings
Director
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(1) Kydaka Point: effective immediately through September 30, waters of Areas 4 and 5 southerly of a line from Kydaka Point to Shipwreck Point are closed to salmon angling.
(2) Port Angeles Harbor: effective immediately through August 31, waters of Port Angeles Harbor west of a line from the tip of Ediz Hook to the ITT Rayonier Dock are closed to salmon angling.
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(1) Area 5 - Open immediately until further notice with the following limits and species restrictions:
(a) Effective August 1 through August 3 - Daily limit 4 salmon, no more than 2 coho and chinook in total, except release chum, wild chinook, and wild coho. Unlawful to bring on board a vessel salmon that are to be released.
(b) Effective August 4 through August 31 - Daily limit 4 salmon, no more than 2 coho and release chum, chinook, and wild coho.
(c) Effective September 1 through September 30 - Daily limit 2 salmon, release chum, chinook, and wild coho.
(2) Area 6 - Open immediately until further notice with the following limits and species restrictions:
(a) Effective August 1 through August 3 - Daily limit 4 salmon, , no more than 2 coho and chinook in total, 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). Unlawful to bring on board a vessel salmon that are to be released.
(b) Effective August 4 through August 31 - Daily limit 4 salmon, no more than 2 coho and release chum, chinook, and wild coho.
(c) Effective September 1 through September 30 - Daily limit 2 salmon, release chum, chinook, and wild coho.
(3) Area 7 - Open immediately until further notice with the following limits and species restrictions:
(a) Effective August 1 through September 30 - Daily limit 4 salmon, no more than 2 coho and chinook in total, no more than 1 chinook, except release chum and wild coho.
(4) Area 8-1 - Open August 1 through September 30 - Daily limit 4 salmon, no more than 2 coho and chum in total, except release chinook.
(5) Area 8-2:
(a) Effective immediately through September 29 - 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 a 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 September 30 - 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 a fishing marker 1.4 miles northwest of Hermosa Point, open and regulated concurrent with all other waters of Area 8-2
(c) All other waters of Area 8-2, open August 1 through September 30 - Daily limit 4 salmon, no more than 2 coho and chum in total, except release chinook.
(6) Area 9 - Open immediately until further notice with the following limits and species restrictions:
(a) Effective August 1 through August 31 - Daily limit 4 salmon, no more than 2 coho, except release chinook and chum.
(b) Effective September 1 through September 30 - Daily limit 2 salmon, except release chinook and chum.
(c) Salmon fishing open year-round from Edmonds fishing pier - Daily limit 2 salmon, not more than one of which may be a chinook, and effective beginning August 1, release chum.
(d) Fishing from the Hood Canal Bridge fishing pontoon is closed.
(7) Area 10 - Effective immediately until further notice:
(a) Open until further notice with the following area rules, limits, and species restrictions - Daily limit 2 salmon, except release chinook, and through September 15 release chum.
(i) Shilshole Bay east of a line from Meadow Point to West Point is closed through August 31.
(ii) Lawful to retain chinook through September 15 in 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.
(iii) Elliott Bay east of a line from West Point to Alki Point is closed through August 31, except through August 17 - Open east of a line from Pier 91 to Duwamish Head Friday through Sunday of each week - Daily limit of 2 salmon, lawful to retain chinook, and release chum.
(iv) Terminal gear in waters of the East Duwamish Waterway between a line projected east along the path of SW Hanford Street on Harbor Island and a line projected east from the south tip of Harbor Island is restricted to bait suspended above the bottom from a float.
(c) Salmon fishing open year-round from 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 salmon. Release chum through September 15.
(8) Area 11:
(a) Open immediately until further notice - Daily limit 2 salmon.
(b) Salmon fishing open year-round from 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 salmon.
(9) Area 12:
(a) Waters north of Ayock Point:
(i) Closed through August 31, except waters of Quilcene/Dabob bays north of a true east line from Whitney Point to the Toandos Peninsula open effective August 16 until further notice - Daily limit 4, coho only.
(ii) Open effective September 1 until further notice - Daily limit 4, coho only.
(b) Waters south of Ayock Point:
(i) Open until further notice - Daily limit 4, no more than 2 of which may be chinook, and release chum.
(c) Waters of the Hoodsport Hatchery Zone regulated under provisions in WAC 220-56-124.
(10) Area 13: Open until further notice with the following area rules, limits and species restrictions:
(a) Daily limit 2, release wild coho.
(i) Waters at mouth of Minter Creek within 1,000 ft. of outer oyster stakes closed to salmon fishing through September 30 (as provided in WAC 220-56-195 (2)(b)).
(ii) Budd Inlet - Night closure and non-buoyant lure restriction in effect in waters south of a line projected true west from the KGY radio tower and north of a line from the northwest corner of the Thriftway Market building to a point 100 yards north of the railroad bridge located on the western side of the inlet (as provided in WAC 220-56-126).
(ii) Budd Inlet - Closed to food fish south of the Fourth Avenue Bridge (as provided in WAC 220-56-128 (2)).
(b) 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 release wild coho.
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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 effective 11:59 p.m. July 31, 2003:
| WAC 220-56-10000A | Definitions -- Personal use fishing (03-84) |
| WAC 220-56-12800F | Food fish fishing -- Closed areas 2003 North of Falcon (03-84) |
| WAC 220-56-19500K | Closed saltwater salmon areas -- 2003 North of Falcon (03-84) |
| WAC 232-12-61900S | Permanent statewide game fish rules -- 2003 North of Falcon (03-84) |
| WAC 232-28-62100K | Puget Sound salmon seasons -- 2003 North of Falcon (03-84) |
| WAC 220-56-12800G | Food fish fishing -- Closed areas -- 2003 North of Falcon |
| WAC 232-12-61900T | Permanent statewide game fish rules -- 2003 North of Falcon |
| WAC 220-56-19500L | Closed saltwater salmon areas -- 2003 North of Falcon |