WSR 13-16-047 EMERGENCY RULES DEPARTMENT OF FISH AND WILDLIFE [Order 13-170—Filed July 31, 2013, 2:47 p.m., effective August 1, 2013, 12:01 a.m.] Effective Date of Rule: August 1, 2013, 12:01 a.m.
Purpose: Amend recreational fishing rules.
Citation of Existing Rules Affected by this Order: Repealing WAC 220-55-22000E, 220-56-12800L and 220-56-13600A; and amending WAC 220-55-220, 220-56-105, 220-56-124, 220-56-128, 220-56-136, 220-56-195, and 220-56-500.
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. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 7, Amended 0, Repealed 3.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: July 31, 2013.
Philip Anderson
Director
NEW SECTION
WAC 220-55-22000F Two-pole endorsement.
Notwithstanding the provisions of WAC 220-55-220, effective August 1, 2013, until further notice, it is unlawful to violate the following provisions, provided that unless otherwise amended, all permanent rules remain in effect: The use of two poles is allowed in the following waters: (1) Drano Lake (Skamania County) from September 15 until further notice. (2) Columbia River within Camas Slough. (3) Columbia River from Priest Rapids Dam to Chief Joseph Dam, effective immediately through August 31. (4) Lewis River (Clark/Skamania County) from the mouth to mouth of the East Fork Lewis River. (5) North Fork Lewis River (Clark/Cowlitz County) from the mouth to Johnston Creek. (6) Naselle River (Pacific/Wahkiakum counties) from Highway 101 bridge to Highway 401. (7) Okanogan River (Okanogan County). (8) Marine Area 8-2 (Port Susan and Port Gardner): Tulalip Terminal Area, effective immediately through September 22. (9) Marine Area 10 (Seattle/Bremerton Area): Sinclair Inlet. The use of two poles is not allowed in the following waters: (1) Wind River (Skamania County).
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. NEW SECTION
WAC 220-56-10500H River mouth definitions.
Notwithstanding the provisions of WAC 220-56-105, effective August 1, 2013, until further notice, when pertaining to angling, unless otherwise defined, any reference to the mouths of rivers or streams includes those waters of any river or stream, including sloughs and tributaries, upstream and inside of a line projected between the outermost uplands at the mouth. The term "outermost upland" means those lands not covered by water during an ordinary high tide. The following river mouths are hereby otherwise defined as and are in effect: (1) California Creek - Drayton Harbor Road bridge (2) Tahuya River - North Shore Road bridge
NEW SECTION
WAC 220-56-12400M Seasons and areas--Hoodsport Hatchery.
Notwithstanding the provisions of WAC 220-56-124, effective August 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) Hoodsport Salmon Hatchery ADA-access site: Persons with disabilities who permanently use a wheelchair and who have a designated harvester card under WAC 220-55-065 may fish from the ADA-access site at the Hoodsport Salmon Hatchery as long as such persons follow all applicable rules.
NEW SECTION
WAC 220-56-12800M Food fish fishing—Closed areas.
Notwithstanding the provisions of WAC 220-56-128, effective August 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) Persons with disabilities who permanently use a wheelchair and have a designated harvester card under WAC 220-55-065 may fish from the ADA-accessible site at the Hoodsport Salmon Hatchery, provided such persons follow all applicable rules and regulations of the adjoining waters of Marine Area 12. (2) Freshwater Bay - Waters south of a line from Angeles Point to Observatory Point (Bachelor Rock) are closed immediately until further notice.
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. NEW SECTION
WAC 220-56-13600B Dash Point Dock public fishing pier.
Effective immediately until further notice, it is unlawful to fish for or possess food fish or shellfish taken within 100 yards of the Dash Point Dock public fishing pier except while fishing from the Dash Point Dock public fishing pier. Violation of this section is an infraction, punishable under RCW 77.15.160.
NEW SECTION
WAC 220-56-19500A Closed areas—Saltwater salmon angling.
Notwithstanding the provisions of WAC 220-56-195, effective August 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) Port Angeles Harbor - Waters westerly of a line from the tip of Ediz Hook to the I.T.T. Rayonier Dock are closed to fishing for salmon immediately until further notice.
NEW SECTION
WAC 220-56-50000C Game fish seasons.
Notwithstanding the provisions of WAC 220-56-500, effective August 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) Persons with disabilities who permanently use a wheelchair and have a designated harvester card under WAC 220-55-065 may fish from the ADA-accessible site at the Hoodsport Salmon Hatchery, provided such persons follow all applicable rules and regulations of the adjoining waters of Marine Area 12. (2) Freshwater Bay - Waters south of a line from Angeles Point to Observatory Point (Bachelor Rock) are closed immediately until further notice.
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. REPEALER
The following sections of the Washington Administrative Code are repealed effective 12:01 a.m. August 1, 2013:
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