WSR 05-14-116

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 05-137 -- Filed July 1, 2005, 2:07 p.m. , effective July 1, 2005 ]


Purpose: Amend personal use fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-61900T; 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: The Upper Skagit Tribe had originally scheduled a fishery from July 5 through the morning of July 6. Recreational fishing was scheduled to be closed during the tribal fisheries. They have rescheduled their fishery to all day on July 6, but they will not be fishing on July 5. This regulation opens recreational salmon fishing on July 5 and closes recreational salmon fishing on July 6 in order to accommodate the tribal fishing and ensure an orderly recreational fishery. There is insufficient time to promulgate permanent rules.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 30, 2005.

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 232-28-61900I   Exceptions to statewide rules -- Baker, Bogachiel, Calawah, Dickey, Puyallup, Quillayute, Skagit, Skokomish, Skykomish, Snohomish and Sol Duc River.   Effective immediately, 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 6 through 11:59 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 immediately 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 6 through 11:59 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 forks: Open immediately 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 immediately 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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REPEALER

The following section of the Washington Administrative Code is repealed effective July 1, 2005:


WAC 232-28-61900T Exceptions to statewide rules -- 2005 North of Falcon. (05-75)

Washington State Code Reviser's Office