WSR 05-18-009

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 05-188 -- Filed August 25, 2005, 2:36 p.m. , effective August 25, 2005 ]


Purpose: Amend personal use fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-16-47000C, 220-56-10000D, 220-56-18000D, 220-56-19500N, 232-12-61900W, 232-28-61900I, 220-16-47000D, 220-56-10000E, 220-56-18000E, 220-56-19500P, 232-12-61900X and 232-28-61900R; and amending WAC 220-16-470, 220-56-100, 220-56-180, 220-56-195, 232-12-619, and 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: 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 6, Amended 0, Repealed 12.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 25, 2005.

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 220-16-47000D   Wild -- 2005 North of Falcon.   Effective immediately 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 220-56-10000E   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 220-56-18000E   Statewide salmon rules -- 2005 North of Falcon.   Notwithstanding the provisions of WAC 232-28-620, in Marine Areas 1, 2, 3, 4, effective immediately until further notice, 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 220-56-19500P   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 immediately through September 30.

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NEW SECTION
WAC 232-12-61900X   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 immediately through August 31, waters south of a line from Angeles Point westerly to Observatory Point are closed to game fish angling.

(2) Tulalip Bay: Effective immediately 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 232-28-61900R   Exceptions to statewide rules -- Baker, Bogachiel, Calawah, Dickey, Naselle, Nooksack, Puyallup, Quillayute, Skagit, Skokomish, Skykomish, Snohomish and Sol Duc rivers.   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) Bogachiel River (Clallam County), from mouth to Olympic National Park boundary:

(a) Salmon: Open immediately through August 31, 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.

(b) Salmon: Open September 1 until further notice, from mouth to Highway 101 Bridge. Daily limit 6 fish, of which no more than 3 may be adult salmon, and of the adult salmon, no more than a total of 2 may be adult chinook and wild adult coho.

(2) Calawah River (Clallam County), from mouth to forks:

(a) Salmon: Open immediately through August 31, 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.

(b) Salmon: Open September 1 until further notice, from mouth to Highway 101 Bridge. Daily limit 6 fish, of which no more than 3 may be adult salmon, and of the adult salmon, no more than a total of 2 may be adult chinook and wild adult coho.

(3) Dickey River (includes all forks) (Clallam County):

(a) Salmon: Open immediately through August 31, from mouth to East Fork Dickey River, 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.

(b) Salmon: Open September 1 until further notice, from mouth to East Fork Dickey River, outside Olympic National Park. Daily limit 6 fish, of which no more than 3 may be adult salmon, and of the adult salmon, no more than a total of 2 may be adult chinook and wild adult coho.

(4) Naselle River (Pacific/Wahkiakum counties): Waters from two hundred feet upstream of the Naselle Salmon Hatchery water supply intake barrier to four hundred feet downstream of the entrance to the Naselle Salmon Hatchery attraction channel closed until further notice.

(5) Nooksack River (Whatcom County), from mouth to yellow marker at the FFA High School barn in Deming: Salmon: Open only September 1 until further notice. Daily limit 2 salmon, except release pink, wild chinook, and wild coho.

(6) Puyallup River (Pierce County): Salmon: Open immediately 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 until further notice.

(7) Quillayute River (Clallam County):

(a) Salmon: Open immediately through August 31. 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.

(b) Salmon: Open September 1 until further notice. Daily limit 6 fish, of which no more than 3 may be adult salmon, and of the adult salmon, no more than a total of 2 may be adult chinook and wild adult coho.

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

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

(9) Skokomish River (Mason County), mouth to forks: Immediately until further notice from mouth to Highway 101 season. All species, night closure, non-buoyant lure restriction, and single point barbless hooks required until further notice. All game fish: Release all fish except that up to two hatchery steelhead per day may be retained. Salmon: Open until further notice from mouth to Highway 101 Bridge. Daily limit 1 fish, release chum.

(10) Skykomish River (Snohomish County):

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

(b) From Lewis Street Bridge in Monroe to Forks - Salmon: Open September 1 until further notice. Daily limit 4 fish of which no more than a total of 2 may be coho and chum, release chinook.

(11) Snohomish River (Snohomish County), including all channels, sloughs, and interconnected waterways, but excluding all tributaries: Immediately until further notice season, except sturgeon. Non-buoyant lure restriction and night closure immediately through November 30. Trout except Dolly Varden/Bull Trout: Minimum length fourteen inches. Legal to retain Dolly Varden/Bull Trout as part of trout daily limit, minimum length twenty inches. Salmon: Open immediately until further notice. Daily limit 4 fish of which no more than a total of 2 may be coho and chum, release chinook. Sturgeon: Open year-round from mouth to Highway 2 Bridge.

(12) Sol Duc River (Clallam County):

(a) Salmon: Open immediately through August 31 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.

(b) Salmon: Open September 1 until further notice, from mouth to concrete pump station. Daily limit 6 fish, of which no more than 3 may be adult salmon, and of the adult salmon, no more than a total of 2 may be adult chinook and wild adult coho.

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REPEALER

     The following sections of the Washington Administrative Code are repealed:
WAC 220-16-47000C Wild -- 2005 North of Falcon. (05-75)
WAC 220-56-10000D Definitions -- Personal use fishing -- 2005 North of Falcon. (05-75)
WAC 220-56-18000D Statewide salmon rules -- 2005 North of Falcon. (05-75)
WAC 220-56-19500N Closed saltwater salmon areas -- 2005 North of Falcon. (05-75)
WAC 232-12-61900W Permanent Washington statewide game fish rules. (05-75)
WAC 232-28-61900I Exceptions to statewide rules -- Baker, Bogachiel, Calawah, Dickey, Puyallup, Quillayute, Skagit, Skokomish, Skykomish, Snohomish and Sol Duc River. (05-137)

The following sections of the Washington Administrative Code are repealed effective September 3, 2005:


WAC 220-16-47000D Wild -- 2005 North of Falcon.
WAC 220-56-10000E Definitions -- Personal use fishing -- 2005 North of Falcon.
WAC 220-56-18000E Statewide salmon rules -- 2005 North of Falcon.
WAC 220-56-19500P Closed saltwater salmon areas -- 2005 North of Falcon.
WAC 232-12-61900X Permanent Washington statewide game fish rules.
WAC 232-28-61900R Exceptions to statewide rules -- Baker, Bogachiel, Calawah, Dickey, Puyallup, Quillayute, Skagit, Skokomish, Skykomish, Snohomish and Sol Duc River[s].

Washington State Code Reviser's Office