WSR 04-13-068

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 04-139 -- Filed June 15, 2004, 5:01 p.m. , effective June 16, 2004, 12:01 a.m. ]


Purpose: Amend personal use fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-62100N; and amending WAC 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 is in the process of adopting the permanent rules that are necessary to implement the personal use fishing plans agreed-to with resource comanagers in the North of Falcon proceedings. These rules are interim until permanent rules take effect. Endangered Species Act coverage has recently been obtained for these fisheries, allowing them to open as scheduled.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 15, 2004.

J. P. Koenings

Director


NEW SECTION
WAC 232-28-62100P   Puget Sound salmon seasons -- 2004 North of Falcon.   Notwithstanding the provisions of WAC 232-28-621 and WAC 220-56-195, effective 12:01 a.m. June 16 until further notice, it is unlawful to fish for salmon in Puget Sound during 2004 except as provided for in this section, provided that unless otherwise amended all permanent rules remain in effect:

(1) Area 5 - Open July 1 until further notice with the following limits and species restrictions:

(a) July 1 through August 10 - Daily limit 2 salmon, except release chum, wild chinook, and wild coho.

(c) August 11 until further notice - Daily limit 2 salmon, except release chum, chinook, and wild coho.

(2) Area 6 - Open July 1 until further notice with the following limits and species restrictions:

(a) July 1 through August 10 - Daily limit 2 salmon, 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.

(c) August 11 until further notice - Daily limit 2 salmon, except release chum, chinook, and wild coho,

(3) Area 7 - Open July 1 until further notice - Daily limit 2 salmon, not more than one of which may be a chinook salmon, and effective beginning August 1 release chum and wild coho.

(4) Area 8-1 - Open August 1 until further notice, daily limit 2 salmon, except release chinook.

(5) Area 8-2:

(a) Effective June 18 until further notice - 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 August 1 until further notice - All other waters of Area 8-2 open. Daily limit 2 salmon, except release chinook.

(6) Area 9:

(a) Effective June 16 until further notice - Edmonds fishing pier open. Daily limit 2 salmon, not more than one of which may be a chinook, and effective beginning August 1, release chum.

(b) Effective July 16 until further notice - All other waters of Area 9 open. Daily limit 2 salmon, except release chinook, and effective beginning August 1 release chum.

(7) Area 10:

(a) Effective June 16 through June 30, closed, except open north of a line from Meadow Point to Point Monroe, release all salmon.

(b) Effective June 16 until further notice, Elliott Bay public fishing pier, Seacrest pier, Waterman pier, Bremerton boardwalk, and Illahee State Park pier open. Daily limit 2 salmon, not more than one of which may be a chinook salmon, and effective beginning August 1, release chum.

(c) Effective July 1 until further notice, all other waters of area 10 open with the following area rules, limits, and species restrictions - Daily limit 2 salmon, except release chinook and effective beginning August 1, release chum.

(i) Shilshole Bay east of a line from Meadow Point to West Point is closed.

(ii) Lawful to retain chinook 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) During the period July 1 through August 31, Elliott Bay east of a line from West Point to Alki Point is closed, except July 16 through August 22 - Open east of a line from Pier 91 to Duwamish Head Friday through the following Sunday of each week - Daily limit 2 salmon, lawful to retain chinook, and release chum August 1 through August 22.

(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.

(8) Area 11:

(a) Effective June 16 until further notice - Les Davis public fishing pier, Des Moines public fishing pier, Redondo public fishing pier, Dash Point dock, and Point Defiance Boathouse dock open. Daily limit 2 salmon, not more than one of which may be a chinook salmon.

(b) Effective June 16 until further notice - All other waters of Area 11 open. Daily limit 2 salmon.

(9) Area 12:

(a) Waters north of Ayock Point:

(i) Closed June 16 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 July 1 until further notice in waters south of Ayock Point - Daily limit 4 salmon, not more than two of which may be chinook, except release chum.

(ii) Waters of the Hoodsport Hatchery Zone regulated under provisions in WAC 220-56-124.

(10) Area 13: Open June 16 until further notice with the following area rules, limits and species restrictions:

(a) June 16 through June 30 - Daily limit 2 salmon.

(b) June 16 until further notice - Fox Island public fishing pier. Daily limit 2 salmon, not more than one of which may be a chinook, and effective beginning July 1, release wild coho.

(c) July 1 until further notice:

(i) Daily limit 2 salmon, except release wild coho.

(ii) Carr Inlet - those waters of Carr Inlet north of a line from Green Point to Penrose Point open to salmon angling July 1 through July 31, terminal gear restricted to fly fishing only, daily limit 2 hatchery coho.

[]

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 section of the Washington Administrative Code is repealed effective 12:01 a.m. June 16, 2004:


WAC 232-28-62100N Puget Sound salmon seasons -- 2004 North of Falcon (04-87)

Legislature Code Reviser 

Register

Washington State Code Reviser's Office