WSR 12-10-053

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 12-69 -- Filed April 30, 2012, 12:53 p.m. , effective May 1, 2012 ]


Effective Date of Rule: May 1, 2012.

Purpose: Amend recreational fishing rules.

Citation of Existing Rules Affected by this Order: Amending WAC 220-56-105, 220-56-124, 220-56-282, 232-28-620, and 232-28-621.

Statutory Authority for Adoption: RCW 77.12.047 and 77.04.020.

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. The Puget Sound sturgeon change was intended as part of the sportfishing rule-making process for 2012-2013 and is consistent with Columbia River compact action.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 5, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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, 2012.

Philip Anderson

Director


NEW SECTION
WAC 220-56-10500E   River mouth definitions.   Notwithstanding the provisions of WAC 220-56-105, when pertaining to angling for the Little White Salmon River, any reference to the mouth shall be construed to include those waters upstream and inside of a line projected between the outermost uplands at the mouth. The term "outermost uplands" shall be construed to mean those lands not covered by water during an ordinary high tide.

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NEW SECTION
WAC 220-56-12400K   Unlawful provisions -- Hoodsport Hatchery.   Notwithstanding the provisions of WAC 220-56-124, effective July 1, 2012, 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) Special daily limit of four salmon, of which no more than two salmon may be Chinook salmon greater than 24 inches in length. Release wild Chinook. Release chum salmon July 1, 2012, until further notice.

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NEW SECTION
WAC 220-56-28200L   Sturgeon -- Areas, seasons, limits and unlawful acts -- Puget Sound.   Notwithstanding the provisions of WAC 220-56-282 and WAC 232-28-619, effective immediately until further notice, it is unlawful to violate the provisions below. Unless otherwise amended, all permanent rules remain in effect:

(1) Puget Sound - It is unlawful to catch and release white sturgeon in Puget Sound and all Puget Sound tributaries unless the season for those waters is open for salmon or game fish.

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NEW SECTION
WAC 232-28-62000M   Coastal salmon -- Saltwater seasons and daily limits.   Notwithstanding the provisions of WAC 232-28-620, effective immediately until further notice, it is unlawful to violate the provisions below. Unless otherwise amended, all permanent rules remain in effect:

(1) Catch Record Card Area 1:

(a) May 1 through June 8 - Closed.

(b) June 9 through June 22 - Daily limit of 2 salmon. Release coho and wild Chinook.

(c) June 23 until further notice - Daily limit of 2 salmon, of which not more than one may be a Chinook salmon. Release wild coho.

(d) Closed in the Columbia River Mouth Control Zone 1 during all open periods. See WAC 220-56-195.

(2) Catch Record Card Area 2:

(a) May 1 through June 8 - Closed.

(b) June 9 through June 23 - Daily limit of 2 salmon. Release coho and wild Chinook.

(c) June 24 until further notice - Open Sundays through Thursdays only. Daily limit 2 salmon, of which not more than one may be a Chinook salmon. Release wild coho.

(d) June 9 until further notice - Grays Harbor Control Zone described in WAC 220-56-195(11) - Open concurrent with Area 2 when Area 2 is open for salmon angling. Area 2 rules apply.

(3) Willapa Bay (Catch Record Card Area 2-1):

(a) May 1 through June 8 - Closed.

(b) June 9 through July 31 - Open concurrent with Area 2 when Area 2 is open for salmon angling. Area 2 rules apply.

(c) August 1 until further notice - Daily limit of six salmon, not more than three of which may be adult salmon. Release chum and wild Chinook. Anglers in possession of a valid two-pole endorsement may use up to two lines while fishing.

(4) Grays Harbor (Catch Record Card Area 2-2 west of the Buoy 13 line)

(a) May 1 through June 8 - Closed.

(b) June 9, until further notice - Open concurrent with Area 2 when Area 2 is open for salmon angling. Area 2 rules apply.

(5) Catch Record Area 3:

(a) May 1 through June 15 - Closed.

(b) June 16 through June 30 - Daily limit of 2 salmon. Release coho and wild Chinook.

(c) July 1, until further notice - Daily limit of 2 salmon. Release wild coho.

(6) Catch Record Card Area 4:

(a) May 1 through June 15 - Closed.

(b) June 16 through June 30 - Daily limit of 2 salmon. Release coho and wild Chinook. Waters east of a true north-south line through Sail Rock closed.

(c) July 1, until further notice - Daily limit of 2 salmon. Release wild coho salmon. Waters east of a true north-south line through Sail Rock closed through July 31. Release Chinook salmon caught east of the Bonilla-Tatoosh line beginning August 1. Release chum salmon beginning August 1.

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NEW SECTION
WAC 232-28-62100P   Puget Sound salmon -- Saltwater seasons and daily limits.   Notwithstanding the provisions of WAC 232-28-621, effective immediately until further notice, it is unlawful to violate the provisions below. Unless otherwise amended, all permanent rules remain in effect:

(1) Catch Record Card Area 8-2: Waters west of Tulalip Bay and within 2,000 feet of shore from the pilings at Old Bower's Resort, to a fishing boundary marker approximately 1.4 miles northwest of Hermosa Point:

(a) May 18 through June 8, open only from Friday through 11:59 a.m. Monday of each week - Daily limit of 2 salmon.

(b) June 10 until further notice: open only from Friday through 11:59 a.m. Monday of each week - Daily limit of 2 salmon. Anglers in possession of a valid two-pole endorsement may use up to two lines while fishing.

(2) Catch Record Card Area 9:

(a) May 1 through June 30 - Closed.

(b) July 1 through July 15 - Daily limit 2 salmon. Release Chinook and chum.

(3) Catch Record Card Area 10: Waters of Elliott Bay east of a line from West Point to Alki Point, closed July 1 until further notice.

(4) Catch Record Card Area 12: July 1 until further notice, in waters south of Ayock Point - Daily limit 4 salmon, of which no more than two may be Chinook salmon. Release chum and wild Chinook.

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Washington State Code Reviser's Office