WSR 12-17-088

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 12-180 -- Filed August 15, 2012, 4:40 p.m. , effective August 15, 2012, 4:40 p.m. ]


     Effective Date of Rule: Immediately.

     Purpose: Amend recreational fishing rules.

     Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-61900A and 232-28-61900S; and amending WAC 232-28-619.

     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 recreational fishing seasons, limits and other regulations. These emergency rules 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 2.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 15, 2012.

Lori Preuss

for Philip Anderson

Director


NEW SECTION
WAC 232-28-61900L   Exceptions to statewide rules.   Notwithstanding the provisions of WAC 232-28-619, effective immediately until further notice, it is unlawful to violate the following provisions, provided that unless otherwise amended, all permanent rules remain in effect:

     1. Baker Lake (Whatcom Co.): Open to salmon fishing through September 4, 2012, with daily limit three sockeye only. Minimum length 18 inches.

     2. Bear River (Pacific Co.):

     a. From mouth (Highway 101 Bridge) to Lime Quarry Road (approximately two river miles): Effective August 16, 2012, single point barbless hook restriction is rescinded. Open to salmon fishing effective September 1, 2012, with daily limit six fish, of which no more than two may be adult fish, and of these, no more than one may be a wild adult coho. Release chum and wild Chinook.

     3. Bogachiel River (Clallam Co.):

     a. From mouth to Highway 101 Bridge: Open to salmon fishing through August 31, 2012, with daily limit 6 fish, of which no more than 2 may be adult salmon. Release wild adult Chinook and wild adult coho.

     b. From mouth to Highway 101 Bridge: Open to salmon fishing effective September 1, 2012, with daily limit 6 fish. Up to two adults plus up to two additional adult hatchery coho may be retained.

     c. From Highway 101 Bridge to Olympic National Park Boundary: Unlawful to fish from a floating device equipped with an internal combustion motor.

     4. Calawah River (Clallam Co.):

     a. From mouth to Highway 101 Bridge: Open to salmon fishing through August 31, 2012, with daily limit 6 fish, of which no more than 2 may be adult salmon. Release wild adult Chinook and wild adult coho.

     b. From mouth to Highway 101 Bridge: Open to salmon fishing effective September 1, 2012, with daily limit 6 fish. Up to two adults plus up to two additional hatchery coho may be retained.

     c. From Highway 101 Bridge to forks: Unlawful to fish from a floating device equipped with an internal combustion motor.

     5. Camas Slough, waters of the Columbia River downstream from the mouth of the Washougal River, north of Lady Island, and downstream of the Highway 14 Bridge at the upstream end of Lady Island: For all species, anglers in possession of a valid two-pole endorsement may use up to two lines while fishing.

     6. Chambers Creek (Pierce Co.):

     a. From Boise-Cascade Dam to Steilacoom Lake: Anti-snagging rule rescinded. Night closure and selective gear rules apply.

     7. Chehalis River (Grays Harbor Co.), including all channels, sloughs, and interconnected waterways:

     a. From Highway 101 Bridge in Aberdeen to high bridge on Weyerhaeuser 1000 line (approximately 400 yards downstream from Roger Creek, south of Pe Ell): Effective August 16, 2012, single-point barbless hooks required.

     b. From mouth to high bridge on Weyerhaeuser 1000 line (approximately 400 yards downstream from Roger Creek, south of Pe Ell): Salmon fishing open September 16, 2012, through September 30, 2012, with daily limit 6 fish, of which no more than three may be adult salmon, and of the three adults, only two may be wild coho. Release chum and Chinook.

     c. From high bridge on Weyerhauser 1000 line upstream: Open until further notice. Selective gear rules apply. All species: Release all fish, except up to two hatchery steelhead may be retained per day. Fishing from a floating device equipped with an internal combustion motor is permissible.

     8. Cispus River (Lewis Co.), from mouth to North Fork: release wild coho and wild Chinook.

     9. Columbia River, from a true north-south line through Buoy 10, upstream to a line projected from Rocky Point on the Washington bank through Red Buoy 44 to the navigation light at Tongue Point on the Oregon bank:

     a. Barbed hooks allowed.

     b. Through September 3, 2012, daily limit 2 salmon or 2 hatchery steelhead or one of each; only 1 may be a Chinook. Release all salmon except Chinook and hatchery coho.

     c. September 4, 2012, through September 30, 2012, daily limit 2 hatchery coho or 2 hatchery steelhead or one of each. Release all salmon other than hatchery coho.

     10. Columbia River, from the I-5 Bridge to the Highway 395 Bridge at Pasco:

     a. Open to salmon and steelhead fishing, with anti-snagging rule from Bonneville Dam to McNary Dam, and night closure from Bonneville Dam to The Dalles Dam.

     b. Closed waters within one-quarter mile of the USFWS Spring Creek Hatchery Grounds between posted markers that are located one-quarter mile on either side of the fish ladder entrance.

     11. Columbia River, from the Highway 395 Bridge at Pasco to Priest Rapids Dam: Sockeye retention allowed.

     12. Columbia River, from the Highway 395 Bridge at Pasco to the old Hanford townsite (wooden towers) powerline crossing, in Sec. 30, T13N, R28E, except Ringold Area Bank Fishery waters: Closed waters within a 400' radius of the Columbia Irrigation District (CID) fish barrier at the mouth of the CID wasteway at Columbia Park. Release all steelhead with a radio-tag wire protruding from the mouth, or with a disk or floy tag attached near the dorsal fin.

     13. Columbia River, from Priest Rapids Dam to Chief Joseph Dam:

     a. Anglers may fish with two poles, provided they have a two-pole endorsement, through August 31, 2012.

     b. All species, anti-snagging rule and night closure rescinded from Rocky Reach Dam to the most upriver edge of Turtle Rock. Permissible to retain trout.

     14. Columbia River, from Priest Rapids Dam to Wanapum Dam: Open to salmon fishing. Through August 31, 2012, daily limit 6 Chinook and six sockeye only, but no more than 3 may be adult Chinook, and of the 3 adult Chinook, only 1 may be wild. Release all trout.

     15. Columbia River, from Wanapum Dam to Wells Dam: Open to salmon fishing with daily limit 6 Chinook and six sockeye only. No more than 3 may be adult Chinook, and of the 3 adult Chinook, only 1 may be wild. Release all trout.

     16. Columbia River, from Wells Dam to Highway 173 Bridge at Brewster: Open to salmon fishing through August 31, 2012. Daily limit 6 Chinook and six sockeye only. No more than 3 may be adult Chinook, and of the 3 adult Chinook, only 1 may be wild. Release all trout.

     17. Columbia River: The area definition changes for "From Highway 173 Bridge at Brewster to Highway 17 Bridge at Bridgeport" to "From Highway 173 Bridge at Brewster to Chief Joseph Dam."

     18. Columbia River, from Highway 173 Bridge at Brewster to Chief Joseph Dam:

     a. Open to salmon fishing with daily limit 6 Chinook and six sockeye only. No more than 3 may be adult Chinook, and of the 3 adult Chinook, only 1 may be wild.

     b. Closed to fishing from the Douglas County shore from the Chief Joseph Dam downstream 400 feet.

     19. Cowlitz Falls Reservoir (Lake Scanewa) (Lewis Co.):

     a. Salmon: Release wild coho and wild Chinook.

     b. Trout daily limit of 5 fish through August 31, 2012. Effective September 1, 2012, trout daily limit of ten fish.

     20. Cowlitz River (Lewis County):

     a. From mouth to Mayfield Dam: Open for salmon fishing, with daily limit six fish, of which no more than two may be adult Chinook. Release all salmon except hatchery coho and hatchery Chinook.

     b. From posted PUD sign on Peters Road to mouth of Ohanapecosh River and mouth of Muddy Fork: Open for salmon fishing; release wild coho and wild Chinook.

     21. Deschutes River (Thurston Co.):

     a. Barbless hooks required.

     b. From the Old Highway 99 Bridge on Capitol Boulevard in Tumwater, upstream to the Henderson Boulevard Bridge near Pioneer Park: Release all trout. Anti-snagging rule and night closure rescinded. Selective gear rules when fishing for salmon, except bait allowed September 1 through October 15, 2012.

     22. Dickey River (Clallam County), from mouth to East Fork Dickey: For salmon fishing, effective September 1, 2012, daily limit 6 fish. Up to two adults plus up to two additional adult hatchery coho may be retained.

     23. Green (Duwamish) River (King Co.):

     a. From Tukwila International Boulevard/Old Highway 99 to the Interstate 405 Bridge: Open for salmon fishing September 1, 2012; release Chinook.

     b. From the Auburn-Black Diamond Road Bridge to the mouth of Cristy Creek at Flaming Geyser State Park: Closed effective September 16.

     24. Hoh River (Jefferson Co.):

     a. From Willoughby Creek to Morgan's Crossing boat launch site: Closed to salmon fishing. Unlawful to fish from a floating device equipped with an internal combustion motor.

     b. From DNR Oxbow Campground Boat Launch to Olympic National Park boundary below mouth of South Fork Hoh River: Unlawful to fish from a floating device equipped with an internal combustion motor.

     25. Humptulips River (Grays Harbor County):

     a. From Ocean Beach Road (near Copalis Crossing) to Highway 101 Bridge: Open for salmon fishing effective September 16, 2012, with daily limit of 6 salmon, of which no more than three may be adult salmon, and of the three adult salmon, only one may be a Chinook and only one may be wild coho. Release chum. The all-species bait-prohibited rule is rescinded effective September 16 through September 30, 2012.

     b. From Highway 101 Bridge to the confluence of the East and West forks: Open for salmon fishing effective September 16, 2012, with daily limit of 6 salmon, of which no more than three may be adult salmon, and of the three adult salmon, only one may be a Chinook and only one may be a wild coho. Release chum. Unlawful to fish from a floating device equipped with an internal combustion motor. Bait prohibition rescinded from September 16, 2012, through September 30, 2012.

     26. Humptulips River, East Fork (Grays Harbor Co.), from concrete bridge on Forest Service Road 220 upstream:

     a. Trout minimum length is eight inches.

     b. The anti-snagging and night-closure rules are rescinded effective August 16, 2012.

     27. Humptulips River, West Fork (Grays Harbor Co.), from Donkey Creek upstream: Open until further notice. Selective gear rules apply.

     28. Lewis River, North Fork (Clark/Skamania counties):

     a. From mouth to Colvin Creek: For salmon fishing through September 14, 2012, daily limit 6 hatchery salmon, of which no more than 2 may be adult hatchery Chinook. Release all salmon except hatchery Chinook and hatchery coho. Effective September 15, 2012, daily limit is 6 salmon, of which no more than 2 adult Chinook may be retained. Release all salmon except Chinook and hatchery coho.

     b. From mouth of Colvin Creek to overhead powerlines at Merwin Dam: Through September 14, 2012, daily limit 6 hatchery salmon, of which no more than 2 may be adult hatchery Chinook. Release all salmon except hatchery Chinook and hatchery coho. Effective September 15 through September 30, 2012, daily limit 6 salmon, of which no more than 2 may be adult Chinook. Release all salmon except Chinook and hatchery coho.

     29. Little White Salmon River, downstream of markers on point of land downstream and across from Little White Salmon National Fish Hatchery and upstream of Hwy 14 Bridge (Drano Lake) (Skamania County):

     a. Anglers may fish with two poles, provided they have a two-pole endorsement, effective September 15, 2012.

     b. Release-requirement for wild coho and wild Chinook rescinded.

     30. Mayfield Lake (Reservoir) (Lewis County): Effective September 1, 2012, release wild coho and wild Chinook.

     31. McAllister Creek (Thurston Co.), from the mouth to Olympia-Steilacoom Road Bridge:

     a. Barbless hooks required.

     b. Open for salmon fishing with a daily limit of six fish and up to two adults may be retained.

     32. Naselle River (Pacific/Wahkiakum counties):

     a. From Highway 101 Bridge to the Highway 4 Bridge: open for salmon fishing with a daily limit of six fish, of which no more than three may be adult salmon, and of these three adult fish, no more than two may be wild adult coho. Release chum and wild Chinook. Sturgeon fishing open.

     b. From the Highway 4 Bridge to the Crown Mainline (Salme) Bridge: Barbless hooks required. Open for salmon fishing with a daily limit of six fish, of which no more than three may be adult salmon, and of these three adult fish, no more than two may be wild adult coho. Release chum and wild Chinook.

     c. From the Crown Mainline (Salme) Bridge to the North Fork: closed to salmon and sturgeon fishing. Night-closure and anti-snagging rules effective August 16, 2012.

     33. Naselle River, South Fork (Pacific Co.): Selective Gear Rules required through August 15, 2012, only.

     34. Nemah River, Middle Fork (Pacific Co.):

     a. Selective gear rules rescinded.

     b. It is permissible to fish from a floating device equipped with an internal combustion motor.

     c. Night closure and single-point barbless hooks required from the mouth upstream to the Department of Natural Resources Bridge on the Middle Nemah A-line Road.

     d. Waters no longer closed from the Nemah Hatchery downstream.

     35. Nemah River, North Fork (Pacific Co.), from Highway 101 Bridge upstream to bridge on Nemah Valley Road:

     a. Open to fishing.

     b. Night closure, single-point barbless hooks required, and stationary gear restrictions in effect.

     c. Salmon fishing open with daily limit of 6, of which only 3 may be adult salmon, and of the three adults, only two may be wild coho. Release chum and wild Chinook.

     36. Nooksack River (Whatcom Co.): Closed to salmon fishing through August 31, 2012.

     37. North River (Grays Harbor/Pacific counties), from Highway 105 Bridge to Salmon Creek (located approximately two miles upstream from Highway 101):

     a. Open for salmon fishing September 1, 2012, with daily limit of six fish, of which no more than three may be adult salmon, and only two adults may be wild coho. Release chum and wild Chinook.

     b. All species, night closures and single-point barbless hooks required.

     c. Sturgeon: Open until further notice. Minimum fork length is 38 inches, and maximum fork length is 54 inches. Daily limit is one fish.

     38. Okanogan River (Okanogan County). From the mouth upstream: when open for salmon fishing, daily limit of 6 Chinook and six sockeye only. No more than three adult Chinook, and of the three adult Chinook, only one may be a wild adult Chinook.

     39. Puyallup River (Pierce Co.):

     a. From mouth to city of Puyallup outfall structure near junction of Freeman Road and North Levee Road: Open for salmon fishing effective August 16, 2012. Closed August 26 and September 2, 3, 9, 10, and 11, 2012.

     b. River section "From city of Puyallup outfall structure near junction of Freeman Road and North Levee Road to the Electron power plant outlet" is redefined as "From city of Puyallup outfall structure near junction of Freeman Road and North Levee Road to Carbon River."

     40. Satsop River and East Fork (Grays Harbor Co.):

     a. From mouth to the Bingham Creek Hatchery barrier dam: Trout minimum length is 14 inches.

     b. From 400 feet downstream of Bingham Creek Hatchery barrier dam upstream to dam: Night closure. Effective August 16, 2012, single-point barbless hooks required.

     c. From mouth to bridge at Schafer State Park: Salmon fishing opens September 16, 2012, with daily limit of 6 fish, of which no more than three may be adult salmon, and of the three adult salmon, only two may be wild coho. Release chum and Chinook.

     d. From bridge at Schafer State Park upstream to Bingham Creek Hatchery barrier dam: Where lawful to fish for salmon, open effective September 16, 2012, with daily limit six fish, of which no more than three may be adult salmon, and of the three adult salmon, only two may be wild coho. Release chum and Chinook.

     41. Satsop, Middle Fork (Turnow Branch, Grays Harbor Co.), from Cougar Smith Road upstream: Night-closure and anti-snagging rules for all species, effective August 16, 2012.

     42. Satsop River, West Fork (Grays Harbor Co.), from Cougar Smith Road to USFS 2260 Road Bridge at Spoon Creek: Night closure for all species effective August 16, 2012.

     43. Similkameen River (Okanogan Co.), from mouth to Enloe Dam: Open for salmon fishing through September 15, 2012. Daily limit 6 Chinook and six sockeye only, of which no more than 3 may be adult Chinook salmon, and of these three adult Chinook salmon, only one may be a wild adult Chinook.

     44. Skagit River (Skagit/Whatcom counties):

     a. From mouth to Gilligan Creek: Open to salmon fishing effective September 1, 2012, with daily limit of two salmon. Release chum and Chinook.

     b. From Gilligan Creek to the Cascade River Road: Open to salmon fishing effective September 16, 2012, with daily limit two salmon. Release chum and Chinook.

     c. From Memorial Highway Bridge (highway 536 at Mount Vernon), upstream to Gilligan Creek: Anti-snagging rule and night closure in effect until further notice.

     45. Skokomish River (Mason County):

     a. Mouth to Highway 101 Bridge: Night closure, anti-snagging rule and single point barbless hooks required.

     b. Mouth to Highway 106 Bridge: Open for salmon fishing through September 5, 2012, with daily limit 2 salmon. Release chum and wild Chinook. Reopens effective September 16, 2012, with a daily limit 6 salmon, of which no more than 4 adult fish may be retained. Release Chinook and chum.

     c. From Highway 106 Bridge to Highway 101 Bridge: Open for salmon fishing Fridays, Saturdays, Sundays, and Labor Day, through September 3, 2012. Daily limit 2 salmon. Release chum and wild Chinook.

     d. From Highway 101 Bridge to forks: Unlawful to fish from a floating device equipped with an internal combustion motor.

     46. Skykomish River (Snohomish Co.), from mouth to the forks: Closed to salmon fishing until September 1, 2012. Effective September 1, 2012, open to salmon fishing with daily limit three. Release Chinook and pink.

     47. Smith Creek (near North River) (Pacific Co.), from mouth to Highway 101 Bridge:

     a. Open to salmon fishing effective September 1, 2012, with daily limit of six fish, of which no more than three may be adult salmon, and of those three, only two may be wild coho. Release chum and wild Chinook.

     b. Sturgeon: Open until further notice. Minimum fork length is 38 inches and maximum fork length is 54 inches. Daily limit is one fish.

     48. Snohomish River (Snohomish Co.), including all channels, sloughs, and interconnected waterways, but excluding all tributaries: Open to salmon fishing effective September 1, 2012, with daily limit three. Release Chinook and pink.

     49. Snoqualmie River (King Co.), from mouth to the falls: Open to salmon fishing effective September 1, 2012, with daily limit 3. Release Chinook and pink.

     50. Sol Duc River (Clallam County):

     a. From mouth to concrete pump station at the Sol Duc Hatchery: Effective beginning September 1, 2012, salmon daily limit 6 fish, of which no more than two may be adults, and an additional two adult hatchery coho may also be retained.

     b. From Highway 101 Bridge upstream of Klahowya Camp Ground to Olympic National Park boundary: Unlawful to fish from a floating device equipped with an internal combustion motor.

     51. Tieton River (Yakima Co.): Permissible to fish to base of Tieton (Rimrock) Dam.

     52. Tilton River (Lewis Co.), from mouth to West Fork: Release wild coho and wild Chinook.

     53. Van Winkle Creek (Grays Harbor Co.):

     a. Open to fishing until further notice.

     b. All species: Anti-snagging rule and night closure effective August 16, 2012.

     c. From mouth to 400 feet below outlet of Lake Aberdeen Hatchery: Open to salmon fishing effective September 1, 2012, with a daily limit of 6 fish, of which no more than 2 may be adult fish and only one may be a wild coho. Release chum and Chinook.

     54. Wallace River (Snohomish Co.), from its mouth to 200 feet upstream of the water intake of the salmon hatchery: Open for salmon fishing effective September 16, 2012, with daily limit three coho. Night-closure and anti-snagging rules effective September 16, 2012.

     55. Willapa River (Pacific Co.):

     a. From mouth (city of South Bend boat launch) to Highway 6 Bridge approximately two miles below mouth of Trap Creek: Open for salmon fishing with daily limit six fish, of which no more than three may be adult salmon, and of the three adults, only two may be wild coho. Release chum and wild Chinook. Night closure and single point barbless hooks required.

     b. From Highway 6 Bridge to Fork Creek: Closed to salmon fishing.

     c. From the second bridge on Camp One Road upstream to the mouth of Mill Creek (approximately 0.5 miles): It is not permissible to fish from a floating device.

     d. From Fork Creek upstream: Effective August 16, 2012, night closure and single point barbless hooks required. Selective gear rule and anti-snagging rule rescinded.

     56. Willapa River, South Fork (Pacific Co.), from Pehl Road upstream: Selective gear rule and internal combustion motor prohibition are rescinded.

     57. Wynoochee River (Grays Harbor Co.):

     a. From mouth to WDFW White Bridge Access Site: Open for salmon fishing effective September 16, 2012, with daily limit six fish, of which no more than two may be adult salmon, and of the two adults, only one may be a wild coho. Release chum and Chinook.

     b. From mouth to 7400 Line Bridge above the mouth of Schafer Creek: Trout minimum length 14 inches.

     c. From WDFW White Bridge Access Site to 7400 line bridge above mouth of Schafer Creek: Effective August 16, 2012, single-point barbless hooks required.

     d. From Wynoochee Falls upstream: All game fish, selective gear rules. Trout: Eastern brook trout are not counted in daily trout limit, and the daily limit for this species is five fish, no minimum size. Once the daily limit of trout other than Eastern Brook Trout is obtained, must stop fishing.

[]


REPEALER

     The following sections of the Washington Administrative Code are repealed:
WAC 232-28-61900A Exceptions to statewide rules. (12-138)
WAC 232-28-61900S Freshwater exceptions to statewide rules. (12-142)