WSR 13-10-048

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 13-85 -- Filed April 26, 2013, 1:22 p.m. , effective May 1, 2013 ]


Effective Date of Rule: May 1, 2013.

Purpose: Amend recreational fishing rules.

Citation of Existing Rules Affected by this Order: Amending WAC 232-28-619.

Statutory Authority for Adoption: RCW 77.12.045, 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 filing permanent rules that were adopted by the Washington fish and wildlife commission for sportfishing, and permanent rules that will be adopted by the department for recreational salmon fishing. The salmon rules were agreed to with resource comanagers at the North of Falcon proceedings. All of these 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 26, 2013.

Philip Anderson

Director


NEW SECTION
WAC 232-28-61900F   Exceptions to statewide rules.   Notwithstanding the provisions of WAC 232-28-619 and WAC 220-56-105, effective May 1, 2013, until further notice, it is unlawful to violate the following provisions, provided that unless otherwise amended, all permanent rules remain in effect:

1. Puget Sound Region Freshwater: Beaver ponds located within a stream, or adjoining streams that are currently listed as open to trout and other gamefish, follow the same rules and regulations as the stream unless otherwise regulated by special rules.

2. It is permissible to retain hatchery (adipose-clipped) trout less than 14 inches in length, as part of the daily limit, in the following waters:

Water Body County Section (if applicable)
Bear Creek Clallam
Beaver Creek Clallam From mouth to Beaver Falls.
Beaver Creek Thurston
Big River Clallam Outside Olympic National Park (ONP).
Black River Grays Harbor/Thurston From mouth to bridge on 128th Ave. SW.
Blooms Ditch Thurston From mouth to I-5.
Bogachiel River Clallam
Calawah River Clallam From mouth to forks.
Calawah River, North Fork Clallam
Calawah River, South Fork Clallam From mouth to ONP boundary.
Cedar Creek Clallam Outside ONP.
Cedar Creek Jefferson Outside ONP.
Chehalis River Grays Harbor Including all channels, sloughs, and interconnected waterways, from mouth (Highway 101 Bridge in Aberdeen) to high bridge on Weyerhaeuser 1000 line.
Chehalis River, South Fork

Highway

Lewis From mouth to County Bridge near Boistfort School.
Clearwater River Jefferson
Cloquallum Creek Grays Harbor From the mouth to outlet at Stump Lake.
Coal Creek Clallam
Connor Creek Grays Harbor
Cook Creek Grays Harbor From the Quinault Indian Reservation boundary upstream.
Copalis River Grays Harbor
Crooked Creek Clallam Including tributaries outside ONP.
Dickey River Clallam Including both forks.
Elk Creek Clallam Outside ONP.
Elk River Grays Harbor
Goodman Creek Jefferson Outside ONP.
Hoh River, South Fork Jefferson Outside ONP.
Hoquiam River, including West Fork Grays Harbor
Hoquiam River, East Fork Grays Harbor
Humptulips River Grays Harbor
Humptulips River, East Fork Grays Harbor From the mouth to the concrete bridge on Forest Service Road 220.
Humptulips River, West Fork Grays Harbor From mouth to Donkey Creek.
Joe Creek Grays Harbor From mouth upstream.
Johns River Grays Harbor
Kalaloch Creek Jefferson Outside ONP.
Matheny Creek Jefferson Outside ONP.
Moclips River Grays Harbor From mouth to the Quinault. Indian Reservation boundary.
Mosquito Creek Jefferson Outside ONP upstream to the Goodman 3000 Mainline Bridge.
Newaukum River Lewis From the mouth to Highway 508

Bridge near Kearny Creek.

Newaukum River, Middle Fork Lewis From the mouth to Tauscher Road Bridge.
Newaukum River, North Fork Lewis From the mouth to 400 feet below the Chehalis city water intake.
Palmquist Creek Clallam Outside ONP.
Petroleum Creek Clallam From the ONP boundary upstream.
Pilchuck Creek Clallam
Quillayute River Clallam Outside ONP.
Quinault River Grays Harbor From the mouth at the upper end of Quinault Lake upstream to the ONP boundary.
Quinn Creek Clallam Outside ONP.
Salmon Creek Thurston
Salmon River Jefferson Outside ONP and the Quinault Indian Reservation.
Satsop River Grays Harbor From mouth to Bingham Creek Hatchery barrier dam.
Sol Duc River Clallam From the mouth to the concrete pump station at the Sol Duc Hatchery, and from the concrete pump station at Sol Duc Hatchery to Highway 101 Bridge upstream of Klahowya Camp Ground.
Middle Fork Satsop River Grays Harbor From mouth to Cougar Smith Road.
West Fork Satsop River Grays Harbor From mouth to Cougar Smith Road.
Sitkum River Clallam
Siwash Creek Clallam Outside ONP.
Snahapish River Jefferson
Solberg Creek Clallam
Solleks River Jefferson
Sooes River Clallam Outside of Makah Indian Reservation.
South Creek Clallam outside ONP
Stevens Creek Grays From the mouth to Highway 101 Bridge.
Thunder Creek Clallam
Trout Creek Clallam
Van Winkle Creek Grays Harbor From the mouth to 400 feet below the outlet of Lake Aberdeen Hatchery.
Wishkah River Grays Harbor From mouth to 200 feet below the weir at the Wishkah Rearing Ponds.
Wynoochee River Grays Harbor From mouth to 400 feet below Wynoochee Dam, including confluence of the reservoir upstream to Wynoochee Falls.

3. It is permissible to fish from a floating device equipped with an internal combustion motor in the following waters:


Water Body County Section (if applicable)
Big Beaver Creek Whatcom From one-quarter mile upstream of the closed water markers on Ross Lake upstream, including tributary streams and beaver ponds.
Cascade River Skagit From the Rockport-Cascade Road Bridge upstream.
Cedar River Pacific
Tolt River King From mouth to USGS trolley cable near confluence of North and South forks.
Clearwater River Pierce
Monte Cristo Lake Snohomish
Naselle River Pacific/

Wahkiakum

Upstream from the mouth of the North Fork.
Naselle River, South Fork Pacific From the mouth to Bean Creek.
Nemah River, Middle Fork Pacific From the Department of Natural Resources bridge on the Middle Nemah A-Line Road upstream.
Nemah River, South Fork Pacific From the confluence with Middle Fork Nemah River upstream to the second.

Highway 101 Bridge crossing

North River Grays Harbor/Pacific From Fall River to Raimie.
Creek Ohop Creek Pierce
Palix River Pacific From the confluence with the Middle Fork upstream and all forks, including South Fork Palix and Cannon Rivers.
Salmon Creek Pacific
Sauk River Skagit/Snohomish From Darrington Bridge upstream.
Skykomish River, South Fork King/Snohomish From Sunset Falls to the source, including all tributaries and their tributaries.
Smith Creek (near North River) Pacific From Highway 101 Bridge upstream.
Stillaguamish River, South Fork Snohomish From Mountain Loop Highway Bridge above Granite Falls upstream to the source.
Tye River King From Foss River to Alpine Falls.
White (Stuck) River Pierce From the Weyerhaeuser 6000 Road Bridge (Bridge Camp) upstream to its source.
Willapa River Pacific From Fork Creek upstream.
Willapa River, South Fork Pacific From the mouth to bridge on Pehl Road.

4. Until further notice, the following waters are open the Saturday before Memorial Day:


Water Body County Section (if applicable)
Black Creek Snohomish From Bear Creek confluence upstream.
Boulder River Snohomish From Boulder Falls upstream.
Boxley Creek King Upstream from the falls located at approximately river mile 0.9.
Canyon Creek Whatcom
Cavanaugh Creek Whatcom Including all tributaries, upstream from where Cavanaugh Creek first flows into Whatcom County.
Chaplain Creek Snohomish Above the falls to the dam at Chapman Lake, including tributaries and beaver ponds.
Cherry Creek Whatcom From above Cherry Creek Falls including all tributaries and beaver ponds.
Coal Creek King From Highway I-90 upstream.
Cumberland Creek Whatcom Upstream from the USFS 17 road bridge, including all tributaries.
Dungeness River Clallam From Gold Creek upstream.
Green (Duwamish) River King From Friday Creek upstream, including all tributaries and their tributaries.
Howard Creek Whatcom Upstream from where Howard Creek flows into Section 13 of township 36N, range 6E, and including all tributaries.
Jefferson Creek Mason
Kennedy Creek Mason From the falls upstream, including all tributaries.
Marsh Creek Snohomish Above the falls and upstream, including tributaries and beaver ponds.
Nooksack River, North Fork Whatcom Waters above Nooksack Falls, including all tributaries and their tributaries.
Nooksack River, Middle Fork Whatcom Waters above the diversion dam, including all tributaries and their tributaries.
Olney Creek Snohomish Waters upstream of Olney Falls, including tributaries and beaver ponds.
O'Toole (Marietta) Creek Whatcom Upstream from Marietta Falls.
Plumbago Creek Whatcom Upstream from the Sierra Pacific 140 road bridge, including all tributaries.
Pressentin Creek Whatcom Upstream from the waterfall located 0.3 miles from the Skagit River, including all tributaries.
Quilcene River Jefferson From the upper boundary of Falls View Campground upstream.
Roaring Creek Whatcom Upstream from its confluence with Deer Creek, including all tributaries.
Skookum Creek Whatcom From the mouth of Arlecho Creek upstream, including Arlecho Creek and all other tributaries.
Skykomish River, North Fork Snohomish From Deer Falls upstream, including all tributaries and their tributaries.
Snoqualmie River King From Snoqualmie Falls upstream, including the North and South Forks and their tributaries (except Tate, Sunday and Phillapa creeks).
South Prairie Creek Pierce From the City of Buckley's diversion dam upstream.
Stillaguamish River, North Fork Snohomish Upstream of the falls, including all tributaries and their tributaries.
Tokul Creek King From Tokul Road SE upstream, including all tributaries and beaver ponds.
Voight Creek Pierce From the falls under the powerline upstream.
Woods Creek Snohomish
Youngs Creek Snohomish From Potson Rd upstream, including tributaries.

5. There are no size restrictions for Kokanee in the following waters: Aldrich Lake (Mason County); Black Lake (Thurston County); Buck Lake (Kitsap County); Carney Lake (Pierce County).

6. Open year round: Long Lake (Thurston County); Middle Nemah Pond (Pacific County); Mooses Pond (Pacific County); Ohop Lake (Pierce County).

7. Baker Lake (Whatcom County):

Salmon open July 10 until further notice: Daily limit 2 sockeye only; each angler aboard a vessel may deploy salmon angling gear until the daily salmon limit for all licensed and juvenile anglers aboard has been achieved.

8. California Creek (Whatcom County):

The mouth is defined as Drayton Harbor Road Bridge.

9. Canyon Creek (Snohomish County), from mouth to the forks:

Selective gear rules apply.

10. Cascade Creek (San Juan County):

Open from the mouth to Cascade Lake from the first Saturday in June until further notice. Selective gear rules apply. Daily limit 10 eastern brook trout only; release all other fish.

11. Channel Creek (Whatcom County):

Open the first Saturday in June until further notice.

12. Chaplain Lake (Snohomish County): Closed.

13. Clover Creek (Pierce County) upstream of Steilacoom Lake, including all tributaries:

Selective gear rules apply. Trout minimum length 14 inches.

14. Deschutes River (Thurston County):

(a) From old U.S. Highway 99 Bridge near Tumwater to Henderson Boulevard Bridge near Pioneer Park: Open for trout year round, catch and release only.

(b) From Henderson Boulevard Bridge upstream, it is permissible to fish from a floating device equipped with an internal combustion motor.

15. Ebey Lake (Little Lake, Snohomish County):

Open under statewide general rules.

16. Fork Creek (Pacific County):

From Forks Creek Hatchery Rack upstream 500 feet to fishing boundary sign, open to anglers with disabilities who permanently use a wheelchair and possess a designated harvester companion card.

17. Hoh River (Jefferson County):

(a) From Olympic National Park boundary upstream to DNR Oxbow Campground Boat Launch: From the first Saturday in June until further notice, trout minimum length 14 inches, except it is permissible to retain hatchery (adipose clipped) trout less than 14 inches in length, as part of the limit.

(b) From DNR Oxbow Campground Boat Launch to Willoughby Creek: Selective gear rules apply May 16 until further notice.

18. Hutchinson Creek (Whatcom County): Closed.

19. Minter Creek (Pierce/Kitsap counties), from the mouth to the hatchery rack:

Open for trout only the first Saturday in June until further notice. Selective gear rules apply. Minimum length 14 inches.

20. Nisqually River (Pierce County):

(a) From the mouth to Military Tank Crossing Bridge:

(i) All species: Fishing from any floating device prohibited July 28 through July 30.

(ii) Salmon: Daily limit 6; no more than 2 adults may be retained plus 2 additional adult pink salmon.

(b) From Military Tank Crossing Bridge to 400 feet below LaGrande Powerhouse, it is permissible to fish from a floating device equipped with an internal combustion motor.

(c) From Alder Reservoir upstream including all tributaries, open the Saturday before Memorial Day until further notice. Selective gear rules apply.

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

Upstream from and including Wanlick Creek, and including all tributaries: open the Saturday before Memorial Day until further notice; fly fishing only; catch and release only.

22. Pilchuck Creek (Snohomish County):

(a) From the mouth to Highway 9 Bridge, it is permissible to fish from a floating device equipped with an internal combustion motor.

(b) From Pilchuck Falls upstream, including all tributaries and their tributaries, and all tributaries to Lake Cavanaugh, open the Saturday before Memorial Day until further notice.

23. Pratt River (King County):

Open the Saturday before Memorial Day until further notice. It is permissible to fish from a floating device equipped with an internal combustion motor.

24. Puyallup River (Pierce County), from the mouth (11th St. Bridge) to the mouth of the White River: Closed.

25. Ross Lake (Whatcom County):

(a) Tributaries to the tributaries, except Big Beaver Creek and Ruby Creek, are open July 1 until further notice, from one mile above their mouths to the headwaters.

(b) Tributaries to Ruby Creek open July 1 until further notice.

26. Shady Lake (King County):

Open the fourth Saturday in April until further notice.

27. Skagit River (Skagit/Whatcom counties):

(a) From mouth to Hwy 536 at Mt. Vernon:

(i) Open through May 31 for trout only: Selective gear rules apply; hooks must measure 1/2" or less from point to shank; release all fish other than trout.

(ii) July 1 through July 31, hooks must measure 1/2" or less from point to shank.

(b) From Hwy 536 at Mt. Vernon to mouth of Gilligan Creek: July 1 through July 31, hooks must measure 1/2" or less from point to shank. Salmon closed June 16 through July 15.

(c) From mouth of Gilligan Creek to the Dalles Bridge at Concrete: June 1 until further notice, hooks must measure 1/2" or less from point to shank.

(d) From the Dalles Bridge at Concrete to Hwy 530 bridge at Rockport: June 1 until further notice, hooks must measure 1/2" or less from point to shank.

(e) From Hwy 530 bridge at Rockport to Cascade River Road: July 16 until further notice, hooks must measure 1/2" or less from point to shank.

28. Skokomish River (Mason County), from the mouth to Bonneville power lines (upstream of Hwy 101 at approximately 4718.88'N, 12311.26'W): Closed.

29. Skookumchuck River (Thurston County):

(a) From the mouth to 100 feet below the outlet of the PP&L/WDFW steelhead rearing pond located at the base of the Skookumchuck Dam: From the first Saturday in June until further notice, trout minimum length 14 inches, except it is permissible to retain hatchery (adipose-clipped) trout less than 14 inches in length, as part of the daily limit.

(b) From Skookumchuck Reservoir upstream, it is permissible to fish from a floating device equipped with an internal combustion motor.

30. Skykomish River (Snohomish County), from the mouth to Wallace River:

Salmon: Open June 1 through July 31; minimum length 12 inches; daily limit 4 hatchery Chinook only, of which no more than 2 may be adult Chinook.

31. Tahuya River (Mason County):

The mouth is defined as North Shore Road Bridge.

32. Taylor River (King County):

Open the Saturday before Memorial Day until further notice. It is permissible to fish from a floating device equipped with an internal combustion motor.

33. Tolt River (King County):

It is permissible to fish from a floating device equipped with an internal combustion motor. Open the Saturday before Memorial Day until further notice, from the falls upstream on the North Fork including all tributaries, and from the dam upstream on the South Fork.

34. Tolt River, North Fork (King County), from falls upstream, and all tributaries:

Open the Saturday before Memorial Day until further notice. It is permissible to fish from a floating device equipped with an internal combustion motor.

35. Tolt River, South Fork (King County), from dam upstream:

Open the Saturday before Memorial Day until further notice. It is permissible to fish from a floating device equipped with an internal combustion motor.

36. Umbrella Creek (Clallam County), outside Olympic National Park, including tributaries and Elk Lake:

It is permissible to retain hatchery (adipose-clipped) trout less than 14 inches in length, as part of the daily limit. Release all Kokanee.

37. Vance Creek/Elma Ponds (Grays Harbor County):

Pond One (Bowers Lake) is open only to juvenile anglers, seniors, and anglers with a disability who possess a designated harvester companion card.

38. Wallace River (Snohomish County):

(a) From the mouth to 363rd Ave SE/Reece Rd, night closure and anti-snagging rule in effect June 1 until further notice.

(b) From Wallace Falls upstream, including all tributaries and their tributaries, open the Saturday before Memorial Day until further notice.

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Reviser's note: The typographical errors in the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.