WSR 05-17-073

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 05-177 -- Filed August 11, 2005, 4:43 p.m. , effective August 13, 2005, 12:01 a.m. ]


Purpose: Amend personal use rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-62100R and 232-28-62100S; and amending WAC 232-28-619 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: These emergency rules are necessary to comply with agreed-to management plans, and are interim until permanent rules take effect. Chinook in the Green River appear to be below escapement goals and fishing for chinook in Elliott Bay will close to protect the remaining fish.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 0, Repealed 2.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: August 11, 2005.

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 232-28-61900N   Exceptions to statewide rules -- Green (Duwamish) River (King County)   Notwithstanding the provisions of WAC 232-28-619:

(1) Effective September 1, 2005 until further notice, in those waters of the Green River from the First Avenue South Bridge to Tukwila International Boulevard/Pacific Highway the following rules apply:

(a) Trout: Minimum length fourteen inches.

(b) One wild steelhead per day may be retained.

(c) Salmon: Open - daily limit 6 fish of which no more than 3 may be adult salmon, except release chinook.

(d) Non-buoyant lure restriction and night closure in effect.

(2) Effective September 1, through September 15, 2005 it is unlawful to fish in those waters of the Green River from the Tukwila International Boulevard/Pacific Highway South to Interstate 5.

(3) Effective September 16, 2005 until further notice, in those waters of the Green River from the Tukwila International Boulevard/Pacific Highway South to Interstate 5. the following rules apply.

(a) Trout: Minimum length fourteen inches.

(b) One wild steelhead per day may be retained.

(c) Salmon: Open - daily limit 6 fish of which no more than 3 may be adult salmon, except release chinook.

(d) Non-buoyant lure restriction and night closure in effect.

[]

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.
NEW SECTION
WAC 232-28-62100S   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 immediately 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 immediately until further notice, daily limit 2 salmon and 2 additional pink, except release chum, chinook, and wild coho.

(2) Area 6 - Open immediately until further notice, daily limit 2 salmon and 2 additional pink, except release chum, chinook, and wild coho.

(3) Area 7 - Open immediately until further notice, daily limit 2 salmon and 2 additional pink, not more than one of which may be a chinook salmon, except release chum and wild coho.

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

(5) Area 8-2:

(a) Effective immediately 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 immediately 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 through August 31. Daily limit 2 salmon and 2 additional pink, except release chinook and effective beginning September 1, release all pink north of a line from Camano Head to the fishing marker 1.4 miles northwest of Hermosa Point.

(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, except release chum.

(b) Effective immediately 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, except release chum.

(b) Effective immediately 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 chum.

(i) Effective immediately through August 31, 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, except release chum.

(iii) Effective immediately through August 23, Elliott Bay east of a line from West Point to Alki Point is closed.

(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 immediately 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, except release wild coho.

(b) All other waters of Area 13, open immediately until further notice - Daily limit 2 salmon, except release wild coho.

[]


REPEALER


The following section of the Washington Administrative Code is repealed effective 12:01 a.m. August 13, 2005:


WAC 232-28-62100R Puget Sound salmon seasons -- 2005 North of Falcon. (05-75)

The following section of the Washington Administrative Code is repealed effective 12:01 a.m. September 3, 2005:


WAC 232-28-62100S Puget Sound salmon seasons -- 2005 North of Falcon.

Washington State Code Reviser's Office