WSR 09-10-043

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 09-69 -- Filed April 30, 2009, 4:32 p.m. , effective May 1, 2009 ]


Effective Date of Rule: May 1, 2009.

Purpose: Amend personal use fishing rules.

Citation of Existing Rules Affected by this Order: Amending WAC 220-56-116, 220-56-124, 232-28-619, 232-28-620, 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: The department is in the process of adopting permanent rules that are necessary to implement the personal use fishing plans agreed-to with resource comanagers at the North of Falcon proceedings. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 5, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 30, 2009.

April 30, 2009

Philip Anderson

Director


NEW SECTION
WAC 220-56-11600G   Statewide saltwater hook rules -- 2009 North of Falcon.   Notwithstanding the provisions of WAC 220-56-116, effective May 1, 2009, until further notice, it is unlawful to violate the following provisions, provided that unless otherwise amended, all permanent rules remain in effect:

(1) It is unlawful to use more than two hooks to fish in saltwater, except for forage fish jigger gear and squid jig gear, and when fishing from the north jetty of the Columbia River.

(2) It is unlawful to use barbed hooks in Marine Areas 5-13, except for forage fish jigger gear.

(3) It is unlawful to use other than one single-point barbless hook to fish for sturgeon.

(4) It is unlawful to use other than single-point barbless hooks to fish for salmon in Marine Areas 1-13, except in the Ocean Shores and Westport Boat Basins, and in Marine Area 2-1 from August 1 until further notice, as provided for in this section.

(5) It is unlawful to fish for or possess salmon taken with terminal gear hooks in violation of the anti-snagging rule in the following saltwater areas during the periods indicated:

(a) Budd Inlet waters south of a line projected true west from the KGY radio station to the mainland, and north of the closed zone provided for in WAC 220-56-128 - July 16 until further notice.

(b) Ocean Shores Boat Basin - August 16 until further notice.

(c) Westport Boat Basin - August 16 until further notice.

(6) It is unlawful to use forage fish jig gear, and anti-snagging rule and night closure are in effect, in the Duwamish Waterway downstream from the First Avenue South Bridge to an east-west line through Southwest Hanford Street on Harbor Island parallel to Southwest Spokane Street where it crosses Harbor Island - July 1 until further notice.

(7) Use of gear in violation of this section is an infraction, punishable under RCW 77.15.160.

(8) It is unlawful to possess fish or shellfish taken with gear in violation of the provisions of this section. Possession of fish or shellfish while using gear in violation of the provisions of this section is a rebuttable presumption that the fish or shellfish were taken with such gear. Possession of such fish or shellfish is punishable under RCW 77.15.380, unlawful recreational fishing in the second degree -- Penalty, unless the fish or shellfish are taken in the amounts or manner to constitute a violation of RCW 77.15.370, unlawful recreational fishing in the first degree -- Penalty.

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NEW SECTION
WAC 220-56-12400I   Unlawful provisions -- Hoodsport Hatchery.   Notwithstanding the provisions of WAC 220-56-124, effective July 1, 2009, until further notice, those waters of Catch Record Card Area 12 within a 2,000-foot arc seaward of yellow buoys at the mouth of Finch Creek at the Hoodsport Salmon Hatchery are regulated as provided for in this section:

(1) These waters are open to salmon angling regardless of the status of the surrounding waters of Area 12.

(2) Special daily limit of four salmon, of which no more than two may be Chinook salmon greater than 24 inches in length. Release chum salmon.

(3) It is unlawful to fish for or possess salmon taken from these waters from one hour after sunset to one hour before sunrise.

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NEW SECTION
WAC 232-28-61900R   Exceptions to statewide rules -- 2009 North of Falcon.   Notwithstanding the provisions of WAC 232-28-619, effective May 1, 2009, until further notice, 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: closed. From Highway 20 Bridge at Concrete to fish barrier dam: Closed waters.

(2) Hoh River (Jefferson County), Outside of Olympic National Park:

(a) From Olympic National Park upstream to DNR Oxbow Campground Boat Launch, selective gear rules not in effect.

(b) Selective gear rules August 1 until further notice, from DNR Oxbow Campground Boat Launch to Willoughby Creek.

(c) Selective gear rules beginning the first Saturday in June until further notice, from Willoughby Creek to Olympic National Park Boundary below the mouth of South Fork.

(3) Nisqually River (Pierce County), from mouth to Military Tank Crossing Bridge: Salmon: Open July 1 until further notice. Daily limit 6 fish, of which no more than 3 may be adult salmon; and of the adult salmon, only 2 may be any combination of pink, chum and coho. Release wild adult Chinook.

(4) Naselle River (Pacific/Wahkiakum counties), from Highway 101 Bridge upstream including all forks: Salmon: Open August 1 until further notice, from Highway 101 Bridge to Highway 4 Bridge. Daily limit 6 fish, of which no more than 3 may be adult salmon; and of these 3 adult fish, no more than 2 may be adult Chinook and only 1 may be a wild adult coho. Release chum salmon.

(5) Nemah River, North, Middle, and South: Salmon: Open August 1 until further notice on Middle Nemah from mouth to DNR Bridge, and on South Nemah from mouth to confluence with Middle Nemah. Middle and South Nemah: Daily limit 6 fish, of which no more than 2 may be adult salmon; and of the two adult fish, no more than one may be a wild adult coho. Release chum.

(6) Nooksack River, South Fork (Skagit/Whatcom counties):

(a) From mouth to Skookum Creek: The first Saturday in June until further notice. Selective gear rules. Night closure the first Saturday in June until further notice. Trout: Minimum length fourteen inches.

(b) From Skookum Creek upstream: Closed waters.

(7) Quinault River, Upper (Jefferson County), from mouth at upper end of Quinault Lake to the National Park boundary: Salmon: Open July 1 until further notice. Daily limit 6 fish, only 2 of which may be an adult.

(8) Samish River (Whatcom County), Salmon: Open July 1 until further notice from mouth to Thomas Road Bridge. Daily limit two salmon. Release wild coho.

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

(a) From mouth to Memorial Highway Bridge (Highway 536 at Mt. Vernon): Salmon: Open July 9 through August 9. Open only 12:01 p.m. Thursday through Sunday. Daily limit 2 Chinook salmon, only one of which may be an adult Chinook. Night closure.

(b) From Memorial Highway Bridge (Highway 536 at Mt. Vernon) upstream to Gilligan Creek: All species: Anti-snagging rule not in effect. Salmon: Open July 9 through August 9. Open only 12:01 p.m. Thursday through Sunday. Daily limit 2 Chinook salmon, only one of which may be an adult Chinook. Night closure July 1 until further notice.

(c) From the Dalles Bridge at Concrete to the Highway 530 Bridge at Rockport: Closed June 1 until further notice between a line 200 feet above the east bank of the Baker River to a line 200 feet below the west bank of the Baker River. Anti-snagging rule and night closure July 1 until further notice. Salmon closed until further notice.

(10) Willapa River (Pacific County): Mouth to Highway 6 Bridge: Salmon: Open August 1 until further notice from mouth to Highway 6 Bridge approximately 2 miles below mouth of Trap Creek. Daily limit 6 fish, of which no more than 3 may be adult salmon; and of the adult salmon, not more than one may be a wild adult coho and not more than two may be adult Chinook. Release chum.

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NEW SECTION
WAC 232-28-62000T   Coastal salmon seasons -- 2009 North of Falcon.   Notwithstanding the provisions of WAC 232-28-620, effective May 1, 2009, until further notice, it is unlawful to fish for salmon in coastal waters except as provided for in this section, provided that unless otherwise amended, all permanent rules remain in effect:

(1) Area 1: Open June 28 until further notice: 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:

(i) Open June 28 through July 23: open Sunday through Thursday of each week, daily limit 2 salmon, plus 1 additional pink, not more than 1 of which may be a Chinook, except release wild coho.

(ii) Open July 24 until further notice: daily limit 2 salmon, plus 1 additional pink, not more than 1 of which may be a Chinook, except release wild coho.

(b) Area 2-1:

(i) Open June 28 through July 23: open Sunday through Thursday of each week, daily limit 2 salmon, plus 1 additional pink, not more than 1 of which may be a Chinook, except release wild coho.

(ii) Open July 24 through July 31: daily limit 2 salmon, plus 1 additional pink, not more than 1 of which may be a Chinook, except release wild coho.

(iii) Open August 1 through August 15: daily limit 6 salmon, not more than two of which may be adult salmon.

(iv) Open August 16 until further notice, daily limit 6 salmon, not more than three of which may be adult salmon, of which only 2 may be Chinook. Release chum.

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

(d) 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.

(3) Area 3:

(a) Open June 27 through July 17: open Tuesday through Saturday of each week, daily limit 2 salmon, plus 2 additional pink, not more than 1 of which may be a Chinook, except release wild coho.

(b) Open July 18 until further notice: daily limit 2 salmon, plus 2 additional pink, not more than 1 of which may be a Chinook, except release wild coho.

(4) Area 4:

(a) Open June 27 through July 17: open Tuesday through Saturday of each week, daily limit 2 salmon, plus 2 additional pink, not more than 1 of which may be a Chinook, except release wild coho.

(b) Open July 18 until further notice: daily limit 2 salmon, plus 2 additional pink, not more than 1 of which may be a Chinook, except release wild coho.

(i) Effective June 27 through July 31, closed to salmon angling east of a true north/south line through Sail Rock.

(ii) Beginning August 1, release Chinook east of the Bonilla-Tatoosh Line.

(iii) Beginning August 1, release chum.

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NEW SECTION
WAC 232-28-62100F   Puget Sound salmon seasons -- 2009 North of Falcon.   Notwithstanding the provisions of WAC 232-28-621, WAC 220-56-128, and WAC 220-56-195, effective May 1, 2009, until further notice, it is unlawful to fish for salmon in Puget Sound except as provided for in this section, provided that unless otherwise amended, all permanent rules remain in effect:

(1) Area 5:

(a) Open July 1 - August 15, daily limit 2 salmon, plus 2 additional pink, except release chum, wild Chinook, and wild coho.

(b) Open August 16 until further notice, daily limit 2 salmon, plus 2 additional pink, except release chum, Chinook, and wild coho.

(2) Area 6:

(a) Open July 1 - August 15, daily limit 2 salmon, plus 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) Open August 16 until further notice, daily limit 2 salmon, plus 2 additional pink, except release chum, Chinook, and wild coho.

(3) Area 7:

(a) Waters of Bellingham Bay described in WAC 220-56-195(1) closed July 1 through August 15. Open August 16 until further notice - Daily limit 4 salmon, not more than 2 of which may be Chinook salmon, and release pink.

(b) All other waters of Area 7 - Open July 1 until further notice, daily limit 2 salmon, plus 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, plus 2 additional pink, except release Chinook.

(5) Area 8-2:

(a) Effective June 5 through June 19 and June 21 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, plus 2 additional pink.

(b) Effective August 1 until further notice - All other waters of Area 8-2 open. Daily limit 2 salmon, plus 2 additional pink, except release Chinook.

(6) Area 9:

(a) Salmon fishing open until further notice, from the Edmonds fishing pier. Daily limit 2 salmon, not more than one of which may be a Chinook. Beginning July 1, daily limit may include 2 additional pink. Beginning August 1, release chum.

(b) Effective July 16 until further notice - All other waters of Area 9 open, daily limit 2 salmon, plus 2 additional pink, except release chum and wild Chinook. Closed south of a line from Foulweather Bluff to Olele Point.

(7) Area 10:

(a) Salmon fishing open until further notice, 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. Beginning July 1, daily limit may include 2 additional pink. Beginning August 1, release chum.

(b) Effective June 1 through June 30, closed; except open north of a line from Meadow Point to Point Monroe, and 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:

(i) July 1 through July 15, daily limit 2 salmon, plus 2 additional pink, except release Chinook.

(ii) July 16 until further notice, daily limit 2 salmon, plus 2 additional pink, except release wild Chinook; and effective August 1, release chum.

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

(iv) 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, plus 2 additional pink, except release wild Chinook; and effective August 1, release chum.

(v) During the period July 1 until further notice, Elliott Bay east of a line from West Point to Alki Point is closed; except July 3 through August 24 - Open east of a line from Pier 91 to Duwamish Head, Friday through Monday of each week - Daily limit of 2 salmon, plus 2 additional pink, and okay to retain any Chinook; release chum August 1 through August 24.

(vi) Effective July 1 until further notice, Duwamish waterway downstream from the First Avenue South Bridge to an east-west line through Southwest Hanford Street on Harbor Island parallel to Southwest Spokane Street where it crosses Harbor Island: Night closure, anti-snagging rule, and only fish hooked inside the mouth may be retained.

(8) Area 11:

(a) Salmon fishing open until further notice, 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. Beginning July 1, daily limit may include 2 additional pink.

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

(c) Effective July 1 until further notice - Daily limit 2 salmon, plus 2 additional pink; release wild Chinook.

(d) 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 July 31.

(9) Area 12:

(a) July 1 until further notice in waters south of Ayock Point - Daily limit 4 salmon, of which no more than 2 may be Chinook salmon. Release chum.

(b) August 16 until further notice in waters of Quilcene Bay north of a true east line from Whitney Point to the Toandos Peninsula - Daily limit 4 coho salmon. Release all salmon except coho.

(c) July 1 until further notice, the Hoodsport Hatchery Zone is managed separately from the remainder of Area 12 described in WAC 220-56-124.

(10) Area 13:

(a) Salmon fishing open until further notice, from the Fox Island public fishing pier. Daily limit 2 salmon, not more than one of which may be a Chinook; and effective 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 June 30 - Daily limit 2 salmon, except release wild Chinook.

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

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Reviser's note: The unnecessary underscoring 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