WSR 05-10-042

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 05-75 -- Filed April 28, 2005, 4:34 p.m. , effective May 1, 2005, 12:01 a.m. ]


Purpose: Amend personal use fishing rules.

Citation of Existing Rules Affected by this Order: Amending WAC 220-16-470, 220-56-100, 220-56-180, 220-56-195, 232-12-619, 232-28-619, 232-28-620, and 232-28-621.

Statutory Authority for Adoption: RCW 77.12.240.

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 emergency rules are necessary to comply with agreed-to management plans, and are interim until permanent rules take effect.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 8, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: April 28, 2005.

J. P. Koenings

Director


NEW SECTION
WAC 220-16-47000C   Wild -- 2005 North of Falcon.   Effective May 1 until further notice: "Wild" when used to describe the difference between a hatchery fish and a nonhatchery fish, except salmon, means a fish with all fins intact. A fish missing an adipose or ventral fin with a healed scar at the site is not a wild fish. When "wild" is used to describe a salmon, "wild" means a salmon with an unclipped adipose fin, regardless of whether the fish is ventral fin clipped. A salmon with a clipped adipose fin and having a healed scar at the site is not a wild fish.

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NEW SECTION
WAC 220-56-10000D   Definitions -- Personal-use fishing -- 2005 North of Falcon.   Effective immediately until further notice, the following definition applies to personal use fishing in Titles 220 and 232 WAC:

(1) "Hatchery" when used to describe the difference between a hatchery fish and a nonhatchery fish, except salmon, means a fish missing an adipose fin or a ventral fin with a healed scar at the location of the missing fin. When "hatchery" is used to describe a salmon, "hatchery" means a salmon with a clipped adipose fin and having a healed scar at the location of the clipped fin.

(2) "Hook" means one single point, double or treble hook. A "single point hook" means a hook having only one point. A "double hook" means a hook having two points on a common shank. A "treble hook" means a hook having three points on a common shank.

(3) "Wild" when used to describe the difference between a hatchery fish and a nonhatchery fish, except salmon, means a fish with all fins intact.

(4) "Wild" when used to describe a salmon (chinook, coho, chum, pink or sockeye), means a salmon with an unclipped adipose fin, regardless of whether the fish is ventral fin-clipped. A salmon with a clipped adipose fin and having a healed scar at the site is not a wild fish.

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NEW SECTION
WAC 220-56-18000D   Statewide salmon rules -- 2005 North of Falcon.   Notwithstanding the provisions of WAC 232-28-620, in Marine Areas 1, 2, 3, 4, in Area 2-1 from the opening date of adjacent ocean waters through August 15, and in Area 2-2 west of the Buoy 13 line, chinook salmon must be not less than 24 inches in length, coho salmon must be not less than 16 inches, but there is no minimum size on other salmon.

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NEW SECTION
WAC 220-56-19500N   Closed saltwater salmon areas -- 2005 North of Falcon.   Notwithstanding the provisions of WAC 220-56-195:

(1) Rosario Strait and eastern Strait of Juan de Fuca: Waters of Area 7 in Rosario Strait and the eastern portion of the Strait of Juan de Fuca southerly of a line running true south from the westernmost point on Fidalgo Head to Burrows Island, then westerly and southerly along the shore of Burrows Island to the Burrows Island Lighthouse, then westerly to Bird Rocks, then westerly from Bird Rocks to the southernmost point on Decatur Island, then southerly across Lopez Pass to Lopez Island and following the shore of Lopez Island southerly and westerly to Iceberg Point, then from Iceberg Point to Cattle Point, then south southwest to the Salmon Bank Buoy, and then true south from the Salmon Bank Buoy to the Area 7 boundary - Closed to fishing for salmon July 1 - September 30.

(2) Commencement Bay: Those waters east of a line projected from the Sperry Ocean Dock to landfall below the Cliff House Restaurant on the north shore of Commencement Bay are closed June 1 through August 12.

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NEW SECTION
WAC 232-12-61900W   Permanent Washington statewide game fish rules -- 2005\North of Falcon.   Notwithstanding the provisions of WAC 232-12-619, it is unlawful to violate the following provisions:

(1) Freshwater Bay: Effective July 1 until further notice, waters south of a line from Angeles Point westerly to Observatory Point are closed to game fish angling.

(2) Tulalip Bay: Effective May 1 until further notice, waters of Tulalip Bay east of a line from Hermosa Point to Mission Point are closed to game fish angling.

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NEW SECTION
WAC 232-28-61900T   Exceptions to statewide rules -- 2005 North of Falcon.   Effective May 1, 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:

(1) Baker River (Skagit County): Mouth to Highway 20 Bridge: Salmon: Open only July 1 through July 31, except closed from 12:01 a.m. July 5 through 2:00 p.m. July 6, and from 12:01 a.m. July 11 through 2:00 p.m. July 12. Daily limit 2 sockeye only.

(2) Bogachiel River (Clallam County), from mouth to Olympic National Park boundary: Salmon: Open July 1 until further notice, from mouth to Highway 101 Bridge. Daily limit 6 fish of which no more than 2 may be adult salmon. Release wild adult coho and unmarked adult chinook. Unmarked chinook are those chinook with unclipped adipose and ventral fins.

(3) Calawah River (Clallam County), from mouth to forks: Salmon: Open July 1 until further notice, from mouth to Highway 101 Bridge. Daily limit 6 fish of which no more than 2 may be adult salmon. Release wild adult coho and unmarked adult chinook. Unmarked chinook are those chinook with unclipped adipose and ventral fins.

(4) Dickey River (includes all forks) (Clallam County): Salmon: Open July 1 until further notice, from mouth to East Fork Dickey, outside Olympic National Park. Daily limit 6 fish of which no more than 2 may be adult salmon. Release wild adult coho and unmarked adult chinook. Unmarked chinook are those chinook with unclipped adipose and ventral fins.

(5) Puyallup River (Pierce County): Salmon: Open August 1 until further notice from mouth to Carbon River. Daily limit 6 fish of which no more than 4 may be adult salmon and of the adults no more than a total of 2 may be coho, chinook, and chum, except release wild adult chinook. Single point barbless hooks required August 1 until further notice.

(6) Quillayute River (Clallam County): Salmon: Open immediately until further notice. Daily limit 6 fish of which no more than 2 may be adult salmon. Release wild adult coho and unmarked adult chinook. Unmarked chinook are those chinook with unclipped adipose and ventral fins.

(7) Skagit River (Skagit/Whatcom counties):

1) From the Highway 530 Bridge at Rockport to Cascade River - Salmon: Open June 1 through July 8. Daily limit 2 hatchery chinook only.

2) 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 - Salmon: Open July 1 through July 31, except closed from 12:01 a.m. July 5 through 2:00 p.m. July 6, and from 12:01 a.m. July 11 through 2:00 p.m. July 12. Daily limit 2 sockeye only.

3) From the mouth to mouth of Gilligan Creek - Salmon: Open August 16 until further notice. Daily limit 2 fish, release chinook.

(8) Skokomish River (Mason County), mouth to Highway 101 Bridge: Open June 1 until further notice from mouth to Highway 101. All species, single point barbless hooks required August 1 until further notice. All game fish: Release all fish except that up to two hatchery steelhead per day may be retained. Salmon: Open August 1 until further notice from mouth to Highway 101 Bridge. Daily limit 1 fish, release chum.

(9) Skykomish River (Snohomish County):

1) From Lewis Street Bridge in Monroe to Wallace River - Salmon: Open June 1 through July 31. Daily limit 2 hatchery chinook only.

2) From mouth to Lewis Street Bridge in Monroe - Salmon: Open August 16 until further notice. Daily limit 4 fish of which no more than a total of 2 may be coho and chum, release chinook.

(10) Snohomish River (Snohomish County), including all channels, sloughs, and interconnected waterways, but excluding all tributaries: Salmon: Open August 16 until further notice. Daily limit 4 fish of which no more than a total of 2 may be coho and chum, release chinook.

(11) Sol Duc River (Clallam County): Salmon: Open immediately until further notice from mouth to concrete pump station. Daily limit 6 fish of which no more than 2 may be adult salmon. Release wild adult coho and unmarked adult chinook. Unmarked chinook are those chinook with unclipped adipose and ventral fins.

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NEW SECTION
WAC 232-28-62000X   Coastal salmon seasons -- 2005 North of Falcon.   Notwithstanding the provisions of WAC 232-28-620, effective May 1 until further notice, it is unlawful to fish for salmon in coastal waters during 2005 except as provided in this section, provided that unless otherwise amended all permanent rules remain in effect:

(1) Area 1 - Open July 3 until further notice, open Sunday through Thursday of each week, daily limit 2 salmon, not more than 1 of which may be a chinook, except release wild coho.

(2) Areas 2, 2-1, and 2-2:

(a) Area 2 - Open June 26 until further notice, open Sunday through Thursday of each week, daily limit 2 salmon, not more than 1 of which may be a chinook, except release wild coho.

(i) Those waters within a line from the lighthouse 1 mile south of the south jetty to Buoy No. 2, then to Buoy No. 3, then to the tip of the north jetty then to the exposed end of the south jetty are closed August 1 until further notice.

(b) Area 2-1 - Open June 26 through August 15, open Sunday through Thursday of each week, daily limit 2 salmon, not more than 1 of which may be a chinook, except release wild coho. Open August 16 until further notice, daily limit 6 salmon, not more than two of which may be adult salmon.

(c) Area 2-2 west of the Buoy 13 line:

(i) Open June 26 through July 31, open Sunday through Thursday of each week, daily limit 2 salmon, not more than 1 of which may be a chinook, except release wild coho.

(ii) Closed August 1 until further notice.

(3) Area 3 - Open July 1 until further notice, open Tuesday through Saturday of each week, daily limit 2 salmon, not more than one of which may be a chinook, except release wild coho.

(4) Area 4:

(a) Open July 1 until further notice, open Tuesday through Saturday of each week, daily limit 2 salmon not more than one of which may be a chinook, except release wild coho, release chinook east of the Bonilla-Tatoosh Line, and effective beginning August 1, release chum.

(i) Effective July 1 through July 31, lawful to retain chinook east of the Bonilla-Tatoosh Line and west of a true north-south line through Sail Rock.

(ii) Effective July 1 through July 31 closed to salmon angling east of a true north/south line through Sail Rock.

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NEW SECTION
WAC 232-28-62100R   Puget Sound salmon seasons -- 2005 North of Falcon.   Notwithstanding the provisions of WAC 232-28-621, WAC 220-56-128 and WAC 220-56-195, effective May 1 until further notice, it is unlawful to fish for salmon in Puget Sound during 2005 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 and 2 additional pink, except release chum, wild chinook, and wild coho.

(c) August 11 until further notice - Daily limit 2 salmon and 2 additional pink, 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 and 2 additional pink, 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.

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

(3) Area 7 - Open July 1 until further notice, daily limit 2 salmon and 2 additional pink, 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 and 2 additional pink, except release chinook.

(5) Area 8-2:

(a) Effective June 3 through June 17 and June 19 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 the 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, except closed to salmon angling north of a line from Camano Head to the fishing marker 1.4 miles northwest of Hermosa Point. Daily limit 2 salmon and 2 additional pink, except release chinook.

(6) Area 9:

(a) Salmon fishing open year-round from the Edmonds fishing pier. Daily limit 2 salmon, not more than one of which may be a chinook, and effective beginning August 1, release chum.

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

(7) Area 10:

(a) Salmon fishing open year-round from the 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, and effective beginning August 1, release chum.

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

(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 and 2 additional pink, 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) 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. Daily limit 2 salmon, lawful to retain chinook, and effective August 1, release chum.

(iii) During the period July 1 through August 23, Elliott Bay east of a line from West Point to Alki Point is closed, except July 8 through 11:59 a.m. August 22 - Open east of a line from Pier 91 to Duwamish Head Friday through Monday of each week - Daily limit of 2 salmon and 2 additional pink, 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) Salmon fishing open year-round from the 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.

(b) Effective June 1 through June 30 - All other waters of Area 11 open. Daily limit 2 salmon.

(c) Effective July 1 until further notice - All other waters of Area 11 open. Daily limit 2 salmon and 2 additional pink.

(9) Area 13:

(a) 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 effective beginning July 1, release wild coho.

(b) All other waters of Area 13, open May 1 until further notice with the following area rules, limits and species restrictions:

(i) May 1 through May 31 - Daily limit 2 salmon.

(ii) June 1 through June 30 - Closed.

(iii) July 1 until further notice - Daily limit 2 salmon, except release wild coho.

(iv) 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.

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Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.

Washington State Code Reviser's Office