WSR 18-13-115
EXPEDITED RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Filed June 20, 2018, 10:09 a.m.]
Title of Rule and Other Identifying Information: The department seeks to update the current fish area boundaries described in WAC 220-301-030 and 220-354-080 for Puget Sound salmon fishing. Currently, physical markers listed in regulations are no longer present and need to be removed from the descriptions and the overall boundary descriptions need to be updated.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Updating terms to existing rules to clarify the fish area boundary for Puget Sound salmon fishing.
The department seeks to amend WAC 220-301-030 Puget Sound salmon management and catch reporting areas and 220-354-080 Puget Sound salmonClosed areas.
Reasons Supporting Proposal: The updates will update and clarify fish area boundaries for the public.
Statutory Authority for Adoption: RCW 77.04.090, 77.04.130, 77.15.568, 77.08.010, 77.65.510, 77.65.515, and 77.65.520.
Statute Being Implemented: RCW 77.135.010, 77.135.020, 77.135.030, 77.135.040, 77.135.050, 77.135.060, 77.135.070, 77.135.080, 77.135.090, 77.135.100, 77.135.110, 77.135.120, 77.135.130, 77.135.140, 77.135.150, 77.135.160, 77.135.170, 77.135.180, 77.135.200, 77.135.210, 77.135.220, 77.135.230, 77.135.240.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Washington department of fish and wildlife, governmental.
Name of Agency Personnel Responsible for Drafting: Kwasi Addae, 1111 Washington Street, Olympia, WA 98501, 360-902-2677; Implementation: Kendall Henry, 1111 Washington Street, Olympia, WA 98501, 360-902-2717, and Enforcement: Chief Steve Bear, 1111 Washington Street, Olympia, WA 98501, 360-902-2936.
This notice meets the following criteria to use the expedited adoption process for these rules:
Corrects typographical errors, make address or name changes, or clarify language of a rule without changing its effect.
Explanation of the Reason the Agency Believes the Expedited Rule-Making Process is Appropriate: Based on the rationale of RCW 34.053 [34.05.353] (1)(d), the department believes that an expedited rule-making process is appropriate because the content of the proposed rules only clarifies [clarify] language for fish area boundaries.
NOTICE
THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Scott Bird, Washington Department of Fish and Wildlife, P.O. Box 43200, Olympia WA, 98504, phone 360-902-2403, fax 360-902-2155, email Rules.Coordinator@dfw.wa.gov, AND RECEIVED BY August 21, 2018.
June 20, 2018
Scott Bird
Rules Coordinator
AMENDATORY SECTION(Amending WSR 17-05-112, filed 2/15/17, effective 3/18/17)
WAC 220-301-030Puget Sound Salmon Management and Catch Reporting Areas.
(1) Area 4B shall include those waters of Puget Sound easterly of a line projected from the ((Bonilla Point light)) Carmanah Point Light (Light List No. 16140 Fl.5s182ft19M, 48°36'42.4"N, 124°45'04.8"W) on Vancouver Island to the ((Tatoosh Island light)) Cape Flattery Light on Tatoosh Island (Light List No. 16145 Fl(2)20s112ft 14M, 48°23'31.2"N, 124°44'12.9"W), thence to the most westerly point on Cape Flattery (48°22'52.1"N, 124°43'54.3"W) and westerly of a line projected true north from the fishing boundary marker at the mouth of the Sekiu River (48°17'16.1"N, 124°23'43.4"W).
(2) Area 5 shall include those waters of Puget Sound easterly of a line projected true north from the fishing boundary marker at the mouth of the Sekiu River (48°17'16.1"N, 124°23'43.4"W) and westerly of a line projected true north from Low Point (48°09'38.9"N, 123°49'36.5"W).
(3) Area 6 shall include those waters of Puget Sound easterly of a line projected from the Angeles Point ((Monument)) (48°09'03.3"N, 123°33'11.6"W) to the ((William Head light on Vancouver Island)) Race Rock Light (Light List No. 16225 FlW10s118ft19M, 48°17'52.9"N, 123°31'53.1"W), northerly of a line projected from the ((Dungeness Spit light)) New Dungeness Light (Light List No. 16335 FlW5s67ft18M, 48°10'54.3"N, 123°06'36.9"W) to the ((Partridge Point light)) Point Partridge Light (Light List No. 16400 FlW5s105ft13M, 48°13'28.8"N, 122°46'09.9"W), westerly of a line projected from the ((Partridge Point light)) Point Partridge Light (Light List No. 16400 Fl.W5s105ft13M, 48°13'28.8"N, 122°46'09.9"W) to the Smith Island Light (Light List No. 16375 Fl10s97ft.14M, 48°19'14.4"N, 122°49'51.4"W), and southerly of a line projected from the Smith Island Light ((to vessel traffic lane buoy R)) (Light List No. 16375 Fl.10s97ft.14M, 48°19'14.4"N, 122°49'51.4"W) to Rosario Strait traffic separation lane entrance lighted Buoy R (Light List No. 16340 FlY25s6M"RA," 48°16'25.3"N, 123°06'34.6"W) to the Trial Island Light (Light List No. 16265 FlG5s93ft13M, 48°23'42.3"N, 123°18'18.6"W).
(4) Area 6A shall include those waters of Puget Sound easterly of a line projected from the ((Partridge Point light)) Point Partridge Light (Light List No. 16400 FlW5s105ft13M, 48°13'28.8"N, 122°46'09.9"W) to the Smith Island Light (Light List No. 16375 Fl10s97ft14M, 48°19'14.4"N, 122°49'51.4"W) to the ((most)) northeasterly of the Lawson Reef ((lighted buoys (RB 1 Qk Fl Bell) to Northwest Island)) Junction Lighted Bell Buoy (Light List No. 19320 RGFl(2+1)R6sBell, 48°24'03.3"N, 122°42'57.7"W) to the Initiative 77 marker on Fidalgo Island (48°25'14.2"N, 122°40'04.5"W) and westerly of a line projected from Reservation Head on Fidalgo Island (48°28'41.8"N, 122°39'28.1"W) to West Point on Whidbey Island (48°24'08.4"N, 122°39'46.1"W).
(5) Area 6B shall include those waters of Puget Sound southerly of a line projected from the ((Dungeness Spit light)) New Dungeness Light (Light List No. 16335 FlW5s67ft18M, 48°10'54.3"N, 123°06'36.9"W) to the ((Partridge Point light)) Point Partridge Light (Light List No. 16400 FlW5s105ft13M, 48°13'28.8"N, 122°46'09.9"W), westerly of a line projected from the ((Partridge Point light)) Point Partridge Light (Light List No. 16400 FlW5s105ft13M, 48°13'28.8"N, 122°46'09.9"W) to the Point Wilson Light (Light List No. 16475 AlRW5s51ft15M, 48°08'39.0"N, 122°45'17.2"W) and easterly of a line projected ((155°)) 154 degrees true from ((Dungeness Spit light)) New Dungeness Light (Light List No. 16335 FlW5s67ft18M, 48°10'54.3"N, 123°06'36.9"W) to Kulo Kala Point (48°07'13.1"N, 123°03'58.7"W).
(6) Area 6C shall include those waters of Puget Sound easterly of a line projected true north from Low Point (48°09'38.9"N, 123°49'36.5"W) and westerly of a line projected from the Angeles Point ((Monument)) (48°09'03.3"N, 123°33'11.6"W) to the ((William Head light on Vancouver Island)) Race Rock Light (Light List No. 16225 FlW10s118ft19M).
(7) Area 6D shall include those waters of Puget Sound westerly of a line projected 155((°)) degrees true from New Dungeness Spit Light (Light List No. 16335 FlW5s67ft18M, 48°10'54.3"N, 123°06'36.9"W) to Kulo Kala Point (48°07'13.1"N, 123°03'58.7"W).
(8) Area 7 shall include those waters of Puget Sound southerly of a line projected true east-west through Sandy Point Light No. 2 (((48 degrees, 47.2 minutes north latitude, 122 degrees, 42.7 minutes west longitude as per U.S. Coast Guard)) (Light List No. 19880 Fl R 4s 16ft 4M "2," 48°47'12.4"N, 122°42'44.7"W), northerly of a line projected from the Trial Island Light ((to vessel traffic lane buoy R)) (Light List No. 16265 FlG5s93ft13M, 48°23'42.3"N, 123°18'18.6"W) to the Rosario Strait traffic separation lane entrance lighted Buoy R (Light List No. 16340 FlY2.5s6M"RA," 48°16'25.3"N, 123°06'34.6"W) to the Smith Island Light (Light List No. 16375 Fl10s97ft14M, 48°19'14.4"N, 122°49'51.4"W) to the ((most northeasterly of the)) Lawson Reef lighted buoy((s (RB 1 Qk Fl Bell) to Northwest Island)) (RGFl(2+1)R6sBell, 48°24'03.3"N, 122°42'57.7"W) to the Initiative 77 marker on Fidalgo Island (48°25'14.2"N, 122°40'04.5"W), and westerly of a line projected from Sandy Point Light ((No.)) 2 (Light List No. 19880 FlR4s16ft4M"2," 48°47'12.4"N, 122°42'44.7"W) to Point Migley (48°44'55.9"N, 122°42'54.3"W), thence along the eastern shore-line of Lummi Island to Carter Point (48°35'18.6"N, 122°38'35.0"W), thence to the most northerly tip of Vendovi Island (48°36'57.3"N, 122°36'39.1"W), thence to Clark Point (48°35'18.6"N, 122°38'35.1"W) on Guemes Island following the shoreline to Southeast Point on Guemes Island (48°31'43.4"N, 122°34'25.8"W), thence to March Point on Fidalgo Island (48°29'58.4"N, 122°33'55.8"W), excluding those waters of East Sound northerly of a line projected ((due)) true west from Rosario Point on Orcas Island (48°38'36.5"N, 122°52'26.2"W).
(9) Area 7A shall include those waters of Puget Sound northerly of a line projected true east-west through Sandy Point Light ((No.)) 2 (((48 degrees, 47.2 minutes north latitude, 122 degrees, 42.7 minutes west longitude as per U.S. Coast Guard Light List No. 19880))) (Light List No. 19880 FlR4s16ft4M"2," 48°47'12.4"N, 122°42'44.7"W), terminating on the west at the International Boundary and on the east at the landfall on Sandy Point.
(10) Area 7B shall include those waters of Puget Sound westerly of a line projected 154 degrees true from Sandy Point Light ((No.)) 2 (((48 degrees, 47.2 minutes north latitude, 122 degrees, 42.7 minutes west longitude as per U.S. Coast Guard)) (Light List No. 19880 FlR4s16ft4M"2," 48°47'12.4"N, 122°42'44.7"W) to ((the)) landfall on Gooseberry Point (48°43'56.7"N, 122°40'22.0"W), easterly of a line projected from Sandy Point Light ((No.)) 2 (Light List No. 19880 FlR4s16ft4M"2," 48°47'12.4"N, 122°42'44.7"W) to Point Migley on Lummi Island (48°44'55.9"N, 122°42'54.3"W), thence along the eastern shoreline of Lummi Island to Carter Point (48°35'18.6"N, 122°38'35.0"W), thence to the most northerly tip of Vendovi Island (48°36'57.3"N, 122°36'39.1"W), thence to Clark Point on Guemes Island (48°35'18.6"N, 122°38'35.1"W) following the shoreline to Southeast Point on Guemes Island (48°31'43.4"N, 122°34'25.8"W), thence to March Point on Fidalgo Island (48°29'58.4"N, 122°33'55.8"W), northerly of the Burlington Northern railroad bridges at the north entrances to Swinomish Channel (48°27'29.1"N, 122°30'54.0"W) and westerly of a line projected from William Point Light (Light List No. 19018 FlG6s30ft5M"3," 48°34'58.5"N, 122°33'37.8"W) on Samish Island 28((°)) degrees true to Whiskey Rock (48°39'20.9"N, 122°30'12.5"W) on the north shore of Samish Bay and ((southwesterly)) westerly of the ((mouth of)) Whatcom Creek Waterway, defined as a line projected approximately 14 degrees true from the ((flashing light at the)) southwest end of the Port of Bellingham North Terminal (48°44'38.6"N, 122°29'46.1"W) to the southernmost point of the dike surrounding the Georgia Pacific Treatment Pond (48°44'51.5"N, 122°29'38.6"W).
(11) Area 7C shall include those waters of Puget Sound easterly of a line projected from William Point Light 3 (Light List No. 19018 FlG6s30ft5M"3," 48°34'58.5"N, 122°33'37.8"W) on Samish Island 28((°)) degrees true to Whiskey Rock (48°39'20.9"N, 122°30'12.5"W) on the north shore of Samish Bay.
(12) Area 7D shall include those waters of Puget Sound easterly of a line projected 154 degrees true from Sandy Point Light ((No.)) 2 (((48 degrees, 47.2 minutes north latitude, 122 degrees, 42.7 minutes west longitude as per U.S. Coast Guard)) (Light List No. 19880 FlR4s16ft4M"2," 48°47'12.4"N, 122°42'44.7"W) to ((the)) landfall on Gooseberry Point (48°43'56.7"N, 122°40'22.0"W) and south of a line projected true east from Sandy Point Light ((No.)) 2 (Light List No. 19880 FlR4s16ft4M"2," 48°47'12.4"N, 122°42'44.7"W) to ((the)) landfall on Sandy Point (48°47'12.5"N, 122°42'36.1"W).
(13) Area 7E shall include those waters of Puget Sound within East Sound northerly of a line projected ((due)) true west from Rosario Point (48°38'36.5"N, 122°52'26.2"W) on Orcas Island.
(14) Area 8 shall include those waters of Puget Sound easterly of a line projected from West Point on Whidbey Island (48°24'08.4"N, 122° 39'46.1"W) to Reservation Head on Fidalgo Island (48°28'41.8"N, 122°39'28.1"W), westerly of a line projected from ((the light on)) East Point Light 3 (Light List No. 18620 FlG6s21ft6M, 48°05'49.1"N, 122°29'29.4"W) 340((°)) degrees true to ((the light on)) Camano Island (((Saratoga Pass light #2, Fl Red 4 Sec))) Light 4 (Light List No. 18625 FlR4s15ft5M"4," 48°07'57.4"N, 122°30'39.1"W) southerly of the Burlington Northern railroad bridges at the north entrances to Swinomish Channel and northerly of the state highway 532 bridges between Camano Island and the mainland.
(15) Area 8A shall include those waters of Puget Sound easterly of a line projected from the East Point Light 3 (Light List No. 18620 FlG6s21ft6M, 48°05'49.1"N, 122°29'29.4"W) on Whidbey Island 340((°)) degrees true to ((the light on)) Camano Island (((Saratoga Pass light #2, Fl Red 4 Sec))) Light 4 (Light List No. 18625 FlR4s15ft5M"4," 48°07'57.4"N, 122°30'39.1"W), northerly of a line projected from the southern tip of Possession Point 110((°)) degrees true to the shipwreck on the opposite shore (47°53'35.1"N, 122°19'42.8"W), southerly of the State Highway 532 bridges between Camano Island and the mainland excluding those waters of Area 8D.
(16) Area 8D shall include those waters of Puget Sound inside and easterly of a line projected 225 degrees from the pilings at old Bower's Resort to a point 2,000 feet offshore, thence northwesterly to a point 2,000 feet off Mission ((Point)) Beach, thence across the mouth of Tulalip Bay to a point 2,000 feet off Hermosa Point, thence northwesterly following a line 2,000 feet offshore to the intersection with a line projected 233 degrees from the fishing boundary marker on the shore at the slide north of Tulalip Bay.
(17) Area 9 shall include those waters of Puget Sound southerly and easterly of a line projected from the Point Partridge ((Point)) Light (Light List No. 16400 Fl5s105ft13M, 48°13'28.8"N, 122°46'09.9"W) to the Point Wilson Light (Light List No. 16475 AlRW5s51ft15M, 48°08'39.0"N, 122°45'17.2"W), northerly of the ((site of the)) Hood Canal ((Floating)) Bridge, northerly of a line projected true west from the shoreward end of ((the Port Gamble tribal dock on)) Point Julia (47°51'17.3"N, 122°34'35.5"W) to the mainland in the community of Port Gamble, excluding those on-reservation waters of Hood Canal north of Port Gamble Bay to the marker at the north end of the Port Gamble Indian Reservation (47°52'04.3"N, 122°34'20.9"W), southerly of a line projected from the southern tip of Possession Point 110((°)) degrees true to the shipwreck (47°53'35.1"N, 122°19'42.8"W) on the opposite shore and northerly of a line projected from the Apple Cove Point Light (Light List No. 16675 FlW4s18ft6M, 47°48'53.5"N, 122°28'54.7"W) to the ((light at the south end of the Edmond's breakwater)) Edmonds South Breakwater Light (Light List No. 16705 FlY4s18ftPriv, 47°48'25.0"N, 122°23'43.0"W) at Edwards Point.
(18) Area 9A shall include those waters of Puget Sound known as Port Gamble Bay southerly of a line projected true west from the shoreward end of the ((Port Gamble tribal dock on)) Point Julia (47°51'17.3"N, 122°34'35.5"W) to the mainland in the community of Port Gamble and those on-reservation waters of Hood Canal north of Port Gamble Bay to the marker at the north end of the Port Gamble Indian Reservation (47°52'04.3"N, 122°34'20.9"W).
(19) Area 10 shall include those waters of Puget Sound southerly of a line projected from the Apple Cove Point Light (Light List No. 16675 FlW4s18ft6M, 47°48'53.5"N, 122°28'54.7"W) to the light ((at the south end of the Edmond's breakwater at Edwards Point, westerly of a line projected 233° true from the Azteca Restaurant near Shilshole Marina through entrance piling No. 8 to the southern shore of the entrance to the Lake Washington Ship Canal)) (Light List No. 16675 FlW4s18ft6M, 47°48'53.5"N, 122°28'54.7"W), westerly of a line projected 43 degrees true from the Shilshole Bay Light 8 (Light List No. 18155 FlR4s15ft4M"8," 47°40'17.2"N, 122°24'31.2"W) to landfall on the northeastern shore of the Shilshole Bay Entrance Range (47°40'20.7"N, 122°24'25.4"W), westerly of a line projected 185((°)) degrees true from the southwest corner of Pier 91 (47°37'35.1"N, 122°23'01.2"W) through the Duwamish Head Light (Light List No. 16910 FlW2.5s25ft10M, 47°35'55.8"N, 122°23'16.5"W) to landfall on Duwamish Head (47°35'40.0"N, 122°23'19.2"W), northerly of a true east-west line ((passing)) projected through the Point Vashon Light (Light List No. 17100 FlW4s17ft7M, 47°30'49.3"N, 122°28'23.4"W) from Southworth (47°30'49.2"N, 122°29'57.0"W), to landfall south of Brace Point (47°30'49.4"N, 122°23'44.2"W), easterly of a line projected from Orchard Point (47°33'55.4"N, 122°31'56"W) to Beans Point (47°34'28.8"N, 122°31'20.4"W) on Bainbridge Island, and northerly and easterly of a line projected true west from Agate Point (47°43'15.7"N, 122°33'12.2"W) on Bainbridge Island to the mainland (47°43'15.7"N, 122°33'41.1"W).
(20) Area 10A shall include those waters of Puget Sound easterly of a line projected 185((°)) degrees true from the southwest corner of Pier 91 (47°37'35.1"N, 122°23'01.2"W) through the Duwamish Head Light (Light List No. 16910 FlW2.5s25ft10M, 47°35'55.8"N, 122°23'16.5"W) to landfall on Duwamish Head (47°35'40.0"N, 122°23'19.2"W).
(21) Area 10C shall include those waters of Lake Washington southerly of the Evergreen Point Floating Bridge.
(22) Area 10D shall include those waters of the Sammamish River south of the State Highway 908 Bridge and Lake Sammamish.
(23) Area 10E shall include those waters of Puget Sound westerly of a line projected from Orchard Point (47°33'55.4"N, 122°31'56"W) to Beans Point (47°34'28.8"N, 122°31'20.4"W) on Bainbridge Island and southerly and westerly of a line projected true west from Agate Point (47°43'15.7"N, 122°33'12.2"W) on Bainbridge Island to the mainland (47°43'15.7"N, 122°33'41.1"W).
(24) Area 10F shall include those waters of Puget Sound easterly ((of)) a line projected ((233°)) 43 degrees true from the ((Azteca Restaurant near)) Shilshole ((Marina through entrance piling Number 8 to the southern shore of the entrance to the Lake Washington Ship Canal)) Bay Light 8 (Light List No. 18155 FlR4s15ft4M"8," 47°40'17.2"N, 122°24'31.2"W) to landfall on the North Eastern shore of the Shilshole Bay Entrance Range (47°40'20.7"N, 122°24'25.4"W) and those waters of the Lake Washington Ship Canal westerly of a line projected true south from Webster Point ((true south)) (47°38'53.0"N, 122°16'37.1"W) to the Evergreen Point Floating Bridge including the waters of Salmon Bay, the Lake Washington Ship Canal, Lake Union and Portage Bay.
(25) Area 10G shall include those waters of Lake Washington northerly of the Evergreen Point Floating Bridge, easterly of a line projected from Webster Point (47°38'53.0"N, 122°16'37.1"W) true south to the Evergreen Point Floating Bridge and those waters of the Sammamish River north of the State Highway 908 Bridge.
(26) Area 11 shall include those waters of Puget Sound southerly of a true east-west line ((passing)) projected through the Point Vashon Light (Light List No. 17100 FlW4s17ft7M), from Southworth (47°30'49.2"N, 122°29'57.0"W) to landfall south of Brace Point (47°30'49.4"N, 122°23'44.2"W), northerly of a line projected 259 degrees true from Browns Point (47°18'20.3"N, 122°26'39.4"W) to the ((land fall in line with the site of Asarco smelter stack)) point of landfall on the opposite shore of Commencement Bay (47°17'51.8"N, 122°30'04.5"W), and northerly of the Tacoma Narrows Bridge.
(27) Area 11A shall include those waters of Puget Sound southerly of a line projected 259 degrees true from Browns Point (47°18'20.3"N, 122°26'39.4"W) to the ((land fall in line with the site of Asarco smelter stack)) point of landfall on the opposite shore of Commencement Bay (47°17'51.8"N, 122°30'04.5"W).
(28) Area 12 shall include those waters of Puget Sound southerly of the site of the Hood Canal ((Floating)) Bridge and northerly and easterly of a line projected from the Tskutsko Point Light (Light List No. 17865 Fl4s15ft5MRaRef, 47°41'29.3"N, 122°49'59.1"W) to Misery Point (47°39'18.3"N, 122°49'46.5"W).
(29) Area 12A shall include those waters of Puget Sound northerly of a line projected from Pulali Point true east to the mainland.
(30) Area 12B shall include those waters of Puget Sound southerly of a line projected true east from Pulali Point ((true east)) (47°44'15.3"N, 122°52'5.9"W) to ((the mainland)) landfall on Toandos Peninsula (47°44'09.9"N, 122°48'23.1"W), northerly of a line projected true east from Ayock Point ((true east)) (47°30'25.8"N, 123°31'15.7"W) to ((the mainland)) landfall on the Kitsap (Great) Peninsula (47°30'25.8"N,123°01'53.2"W), and westerly of a line projected from the Tskutsko Point Light (Light List No. 17865 Fl4s15ft5MRaRef, 47°41'29.3"N, 122°49'59.1"W) to Misery Point (47°39'18.3"N, 122°49'46.5"W).
(31) Area 12C shall include those waters of Puget Sound southerly of a line projected true east from Ayock Point ((true east)) (47°30'25.8"N, 123°31'15.7"W) to ((the mainland)) landfall on the Kitsap (Great) Peninsula (47°30'25.8"N, 123°01'53.2"W) and northerly and westerly of a line projected from Ayres Point (47°22'26.9"N, 123°06'44.5"W) to the ((public boat ramp at)) Union Boat Launch (47°21'27.5"N, 123°6'1.9"W).
(32) Area 12D shall include those waters of Puget Sound easterly of a line projected from Ayres Point (47°22'26.9"N, 123°06'44.5"W) to the ((public boat ramp at)) Union Boat Launch (47°21'27.5"N, 123°06'01.9"W).
(33) Area 13 shall include those waters of Puget Sound southerly of the Tacoma Narrows Bridge and a line projected from Green Point (47°16'55.2"N, 122°41'41.8"W) to Penrose Point (47°15'53.6"N, 122°44'11.5"W) and northerly and easterly of a line projected from the Devil's Head Light (Light List No. 17365 FlR6s164M"4," 47°09'58.9"N, 122°45'53.3"W) to Treble Point (47°09'09.6"N, 122°44'31.3"W), thence through ((lighted buoy No. 3)) the Nisqually Flats Light 3 (Light List No. 17360 FlG4s15ft4M"3") to ((the mainland)) landfall (47°06'40.7"N, 122°45'08.8"W) and westerly of the railroad trestle at the mouth of Chambers Bay.
(34) Area 13A shall include those waters of Puget Sound northerly of a line projected from Green Point (47°16'55.2"N, 122°41'41.8"W) to Penrose Point (47°15'53.6"N, 122°44'11.5"W).
(35) Area 13C shall include those waters of Puget Sound easterly of the railroad trestle at the mouth of Chambers Bay.
(36) Area 13D shall include those waters of Puget Sound westerly of a line projected from the Devil's Head Light (Light List No. 17365 FlR6s164M"4," 47°09'58.9"N, 122°45'53.3"W) to Treble Point (47°09'09.6"N, 122°44'31.3"W), thence through ((lighted buoy Number 3 to the mainland)) the Nisqually Flats Light 3 (Light List No. 17360 FlG4s15ft4M"3," 47°07'15"N, 122°45'0.1"W) to landfall (47°06'40.7"N, 122°45'08.8"W), northerly of a line projected from Johnson Point (47°10'35.7"N, 122°49'13.2"W) to Dickenson Point (47°09'54.4"N, 122°51'06.4"W), northerly of a line projected ((from the light at)) 291 degrees true from Dofflemeyer Point ((to)) Light (Light List No. 17400 Fl4s30ft7M, 47°09'58.9"N, 122°45'53.3"W) through Cooper Point((, easterly of a line projected from Cooper Point)) (47°08'44.2"N, 122°55'33.4"W), to the southeastern shore of ((Sanderson Harbor)) Hunter Point (47°8'55.9"N, 122°56'18.1"W), easterly of a line projected 005 degrees true from the northern tip of Steamboat Island ((to the light at Arcadia)) (47°11'12.3"N, 122°56'20.6"W) to Hungerford Point (47°12'18.8"N, 122°56'11.5"W) and southerly of a line projected true east-west from 47°18'53.5"N, 122°50'32.9"W through the southern tip of Stretch Island to landfall on the easterly shore of the Key Peninsula (47°18'53.5"N, 122°47'35"W).
(37) Area 13E shall include those waters of Puget Sound southerly of a line projected from Johnson Point (47°10'35.7"N, 122°49'13.2"W) to Dickenson Point (47°09'54.4"N, 122°51'06.4"W).
(38) Area 13F shall include those waters of Puget Sound southerly of a line projected from ((the light at)) Dofflemeyer Point Light (Light List No. 17400 Fl4s30ft7M, 47°08'25.8"N, 122°54'26.2"W) to Cooper Point (47°08'44.2"N, 122°55'33.4"W).
(39) Area 13G shall include those waters of Puget Sound southerly of a line projected 291 degrees true from Cooper Point (47°08'44.2"N, 122°55'33.4"W) to the southeastern shore of ((Sanderson Harbor)) Hunter Point (47°8'55.9"N, 122°56'18.1"W).
(40) Area 13H shall include those waters of Puget Sound southwesterly of a line projected 005 degrees true from the northern tip of Steamboat Island (47°11'12.3"N, 122°56'20.6"W) to ((the light at Arcadia)) Hungerford Point (47°12'18.8"N, 122°56'11.5"W) and those waters easterly of a line projected ((64°)) 064 degrees true from Kamilche Point (47°09'08.3"N, 123°01'07.5"W) to the opposite shore (47°09'14"N, 123°00'49.3"W).
(41) Area 13I shall include those waters of Puget Sound southwesterly of a line projected ((64°)) 064 degrees true from Kamilche Point (47°09'08.3"N, 123°01'07.5"W) to the opposite shore (47°09'14"N, 123°00'49.3"W).
(42) Area 13J shall include those waters of Puget Sound ((northwesterly)), Hammersley Inlet and Oakland Bay, westerly of a line projected from the ((light at)) Arcadia Point Boat Launch (47°11'51.4"N, 122°56'18.5"W) to Hungerford Point (47°12'18.8"N, 122°56'11.5"W).
(43) Area 13K shall include those waters of Puget Sound northerly of a line projected true east-west from 47°18'53.5"N, 122°50'32.9"W through the southern tip of Stretch Island to landfall on the easterly shore of the Key Peninsula (47°18'53.5"N, 122°47'35"W).
AMENDATORY SECTION(Amending WSR 17-17-100, filed 8/18/17, effective 9/18/17)
WAC 220-354-080Puget Sound salmonClosed areas.
It is unlawful at any time, unless otherwise provided, to take, fish for, or possess salmon taken for commercial purposes with any type of gear from the following portions of Puget Sound Salmon Management and Catch Reporting Areas, except that closures listed in this section do not apply to reef net fishing areas listed in RCW 77.50.050:
Areas 4B, 5, 6, 6B, and 6C - The Strait of Juan de Fuca Preserve as defined in WAC 220-354-330((.)): "The Strait of Juan de Fuca Salmon Preserve" shall include those waters and tributaries thereto lying within three miles off shore between a line projected 30 degrees true from a point (48°19'06.9"N, 124°27'19.4"W) three miles west of the Sekiu River mouth to a line projected 45 degrees true from a point (48°07'35.4"N, 123°04'14.4"W) three miles east of the Dungeness River mouth excluding the waters of Puget Sound Salmon Management and Catch Reporting Area 6D."
Area 6D - That portion within 1/4-mile of each mouth of the Dungeness River.
Area 7 -
(1) The San Juan Island Preserve as defined in WAC 220-354-320: "San Juan Island Salmon Preserve" shall include those waters of Puget Sound lying inside the following lines: A line projected from Lopez Pass Light 2 (Light List No. 19375 FlR4s21ft4M"2," 48°28'52"N, 122°49'5"W) across Lopez Pass to Lopez Island (48°28'42.1"N, 122°49'10.7"W), a line projected from Fauntleroy Point on Decatur Island (48°31'28.4"N, 122°47'18.8"W) through Lawson Rock Light 2 (Light List No. 19410 FlR4s15ft4M"2," 48°31'51"N, 122°47'19"W) to Blakely Island (48°32'27.2"N, 122°47'21.2"W); a line projected from Deer Point on Orcas Island (48°36'5.1"N, 122°47'59.7"W) across Spindle Rock (48°35'4.2"N, 122°48'6.2"W) to Blakely Island; a line projected from Limestone Point on San Juan Island (48°37'21.0"N, 123°6'27.1"W) to the northernmost point of Jones Island (48°37'16.9"N, 123°2'59.3"W) then 90 degrees true to Orcas Island (48°37'16.8"N, 123°1'49.6"W); a line projected from Reef Point (48°31'43.1"N, 122°58'12.3"W) on San Juan Island to the southernmost point of Shaw Island (48°32'47.6"N, 122°56'55.8"W); and a line projected from Flat Point on Lopez Island (48°33'3.7"N, 122°55'10.9"W) to the most westerly point on Canoe Island (48°33'19"N, 122°55'29.6"W), thence true north to the shoreline of Shaw Island (48°33'51.3"N, 122°55'43.7"W), excluding the waters of Puget Sound Salmon Management and Catch Reporting Area 7E.
(2) Those waters within 1,500 feet of shore on Orcas Island from Deer Point (48°36'5.1"N, 122°47'59.7"W) northeasterly to Lawrence Point (48°39'38.1"N, 122°44'31"W), thence west to a point intercepting a line projected from the northernmost point of Jones Island (48°37'17"N, 123°2'11.4"W), thence 90((°)) degrees true to Orcas Island.
(3) Those waters within 1,500 feet of the shore of Cypress Island from Cypress Head (48°34'3.1"N, 122°40'5.5"W) to the northernmost point of Cypress Island (48°36'31.5"N, 122°42'42.2"W).
(4) Those waters easterly of a line projected from Iceberg Point (48°25'20.2"N, 122°53'41.1"W) to Iceberg Island (48°25'20.2"N, 122°53'41.1"W), to the easternmost point of Charles Island (48°26'25.8"N, 122°54'18.5"W), then true north from the northernmost point of Charles Island (48°26'41.1"N, 122°54'34.3"W) to the shore of Lopez Island (48°26'47.1"N, 122°54'34.2"W).
(5) Those waters northerly of a line projected from the southernmost point of land at Aleck Bay (48°25'25.6"N, 122°51'8.2"W) to the westernmost point of Colville Island (48°24'56"N, 122°49'31.9"W), thence from the easternmost point of Colville Island (48°24'53.5"N, 122°49'10.7"W) to Point Colville (48°25'17.1"N, 122°48'50.7"W).
(6) Those waters easterly of a line projected from Biz Point on Fidalgo Island (48°26'33.1"N, 122°40'42.3"W) to the Williamson Rocks ((Light)) Lighted Buoy 4 (Light List No. 19335 FlR4s4M"4"RED, 48°26'51"N, 122°42'27.8"W), thence to the Dennis Shoal ((Light)) Buoy 6 (Light List No. 19345 Red Nun, 48°27'27"W, 122°42'57"N), thence to ((the light)) Burrows Island Light (Light List No. 19350 FlW6s57ft7MHorn(Bl(2)30s, 48°27'27.6"N, 122°42'59.3"W) on the westernmost point of Burrows Island, thence to the southwestern-most point of Fidalgo Head (48°29'31.2"N, 122°42'10.6"W), and including those waters within 1,500 feet of the western shore of Allan Island, those waters within 1,500 feet of the western shore of Burrows Island, and those waters within 1,500 feet of the shore of Fidalgo Island from the southwestern-most point of Fidalgo Head (48°29'31.2"N, 122°42'10.6"W) northerly to Shannon Point (48°30'32.8"N, 122°41'2.5"W).
(7) Additional Fraser sockeye and pink seasonal closure:
Those waters within 1,500 feet of the shore of Fidalgo Island from the Initiative 77 marker (48°25'14.2"N, 122°40'04.5"W) northerly to Biz Point (48°26'33.1"N, 122°40'42.3"W).
(8) Those waters within 1,500 feet of the eastern shore of Lopez Island from Point Colville (48°25'17.1"N, 122°48'50.7"W) northerly to Lopez Pass (48°28'42.1"N, 122°49'10.7"W), and those waters within 1,500 feet of the eastern shore of Decatur Island from the southernmost point of land (48°28'52"N, 122°49'5"W) northerly to Fauntleroy Point (48°31'28.4"N, 122°47'18.8"W), and including those waters within 1,500 feet of the shore of James Island.
Area 7A - The Drayton Harbor Preserve as defined in WAC 220-354-310.
Area 7B -
(1) That portion south and east of a line from William Point on Samish Island (48°34'55.2"N, 122°33'38.2"W) to Saddlebag Island (48°32'7.2"W, 122°33'32.6"N) to ((the southeastern tip of)) Casperson Point on Guemes Island to landfall on March Point (48°29'58.4"N, 122°33'55.9"W), and that portion northerly of the railroad trestle in Chuckanut Bay.
(2) That portion of Bellingham Bay and Portage Bay adjacent to Lummi Indian Reservation is closed north and west of a line from the intersection of Marine Drive and Hoff Road (48°46'59"N, 122°34'25"W) projected 180((°)) degrees true for ((2.75)) 1.80 nautical miles (nm) to a point at 48°45'11"N, 122°34'25"W, then 250((°)) degrees true for ((1.4)) 0.92 nm to a point at 48°44'50"N, 122°35'42"W, then 270((°)) degrees true for ((1.4)) 0.95 nm to 48°44'50"N, 122°37'08"W, then ((230°)) 228 degrees true for ((1.3)) 0.65 nm to 48°44'24"N, 122°37'52"W, then 200((°)) degrees true for ((1)) 0.69 nm to 48°43'45"N, 122°38'12"W, then 90((°)) degrees true for ((1)) 0.64 nm to a point just northeast of Portage Island (48°43'45"N, 122°37'14"W), then ((160°)) 155 degrees true for ((1.4)) 0.97 nm to a point just east of Portage Island (48°42'52"N, 122°36'37"W), then 247 degrees true for 80 yards to landfall on Portage Island (48°42'51.1"N, 122°36'40.3"W).
Area 7C - That portion southeasterly of a line projected from the mouth of Oyster Creek (48°36'51.6"N, 122°26'27.8"W) 237((°)) degrees true to ((a)) the fishing boundary marker on Samish Island (48°34'33.1"N, 122°31'49.3"W).
Area 8 -
(1) That portion of Skagit Bay easterly of a line projected from Brown Point on Camano Island (48°16'12.6"N, 122°27'52.8"W) to a white monument on the easterly point of Ika Island (48°21'40.1"N, 122°29'52.8"W), thence across the Skagit River to the terminus of the jetty with McGlinn Island (48°22'18.3"N, 122°30'18.3"W).
(2) Those waters within 1,500 feet of the western shore of Camano Island south of a line projected true west from Rocky Point (48°15'1.3"N, 122°31'47.2"W).
Area 8A -
(1) Those waters easterly of a line projected from Mission ((Point to Buoy C1)) Beach (48°3'19.3"N, 122°17'23.1"W) to Gedney Island Light 1 (Light List No. 18480 FlG25s15ft4M"1," 48°0'15.5"N, 122°17'49.7"W), excluding the waters of Area 8D, thence through the ((green light at the entrance jetty of the)) Snohomish River Light 5 (Light List No. 18535 FlG4s16ft5M, 47°59'16.3"N, 122°13'47.4"W) and across the mouth of the Snohomish River to landfall on the eastern shore (47°59'13.3"N, 122°13'35"W), and those waters northerly of a line from Camano Head (48°3'23.2"N, 122°21'24.6"W) to the northern boundary of Area 8D, except when open for pink fisheries.
(2) Additional coho seasonal closure prior to October 3: Those waters southerly of a line projected from the Washington state ferry Clinton ((ferry dock)) terminal (47°58'28.8"N, 122°21'5.2"W) to the Washington state ferry Mukilteo ((ferry dock)) terminal (47°56'57"N, 122°18'15.7"W).
Area 8D - Those waters easterly of a line projected from ((Mission Point)) the northerly most point of Mission Beach (48°3'19.3"N, 122°17'23.1"W) to Hermosa Point (48°3'42.7"N, 122°17'36.4"W).
Area 9 - Those waters lying inside and westerly of a line projected from the Point No Point Light ((to Sierra Echo buoy)) (Light List No. 16550 Fl(3)W10s27ft14M, 47°54'43.9"N, 122°31'36.3"W) to the traffic separation lane Lighted Buoy SE (Light List No. 16540 FlY2.5s5MY"SE," (47°55'26.8"N, 122°29'30.7"W), thence to ((Forbes Landing wharf east of Hansville)) landfall at (47°55'4.2"N, 122°32'46"W) on Norwegian Point.
Area 10 -
(1) Those waters easterly of a line projected from Meadow Point (47°41'35.9"N, 122°24'21.6"W) to West Point (47°39'43.6"N, 122°26'8.5"W).
(2) Those waters of Port Madison westerly of a line projected from Point Jefferson (47°44'51.7"N, 122°28'25.6"W) to the northernmost portion of Point Monroe (47°42'32"N, 122°30'43.5"W).
(3) Additional pink seasonal closure: The area east inside of the line originating from West Point (47°39'43.6"N, 122°26'8.5"W) and extending west to the ((closest midchannel buoy)) traffic separation lane Lighted Buoy SG (Light List No. 16815 FlY2.5s5MY"SG," (47°39'41.6"N, 122°27'52.6"W), thence 20 degrees true ((through Point Wells)) until reaching latitude ((47°44'500"N)) 47°44'30.0"N, thence extending directly east to the shoreline (47°44'30"N, 122°22'40.5"W).
(4) Additional purse seine pink seasonal closure: The area within 500 feet of the eastern shore in Area 10 is closed to purse seines north of latitude ((47°44'500"N)) 47°44'30.0"N.
(5) Additional coho and chum seasonal closure: Those waters of Elliott Bay east of a line from Alki Point (Light List No. 16915 Fl5s39ft16M, 47°34'34.5"N, 122°25'14"W) to the ((light at)) Fourmile Rock Light 1 (Light List No. 16810 FlG6s15ft6M"1," 47°38'20.4"N, 122°24'48.7"W), and those waters northerly of a line projected from Point Wells to (("SF" Buoy)) traffic separation lane Lighted Buoy SF (Light List No. 16745 FlY2.5s5MY"SF," 47°45'53"N, 122°26'15.7"W), then west to President's Point (47°45'57.2"N, 122°28'20.1"W).
Area 10E - Those waters of Liberty Bay north of a line projected ((due)) true east from ((the southernmost Keyport dock)) 47°41'56.4"N, 122°36'53.5"W to 47°41'56.4"N, 122°36'17.4"W, those waters of Dyes Inlet north of the Manette Bridge, and those waters of Sinclair Inlet southwest of a line projected true east from the ((Bremerton ferry terminal)) Washington state ferry Bremerton terminal (47°33'43.9"N, 122°37'31.1"W) to landfall at Port Orchard (47°33'43.9"N, 122°35'31.1"W).
Area 11 -
(1) Those waters northerly of a line projected true west from the ((light at the mouth of)) Gig Harbor Light (Light List No. 17221 FlR4s13ft3MPriv., 47°19'35.7"N, 122°34'29.2"W), and those waters south of a line from Browns Point (47°18'20.3"N, 122°26'39.4"W) to the northernmost point of land on Point Defiance (47°19'7.7"N, 122°32'23.9"W).
(2) Additional coho seasonal closure: Those waters south of a line projected from the ((light at the mouth of)) Gig Harbor Light (Light List No. 17221 FlR4s13ft3MPriv., 47°19'35.7"N, 122°34'29.2"W) to the ((Tahlequah ferry dock)) Washington state ferry Tahlequah terminal (47°19'58.3"N, 122°30'25.5"W), then south to the ((Point Defiance ferry dock)) Washington state ferry Point Defiance terminal, and those waters south of a line projected from the ((Point Defiance ferry dock)) Washington state ferry Point Defiance terminal (47°18'20.7"N, 122°30'51"W) to Dash Point (47°19'10.2"N, 122°25'46.6"W).
Areas 12, 12B, and 12C - Those waters within 1,000 feet of the eastern shore.
Area 12 - Those waters inside and easterly of a line projected from Lone Rock ((to the navigation light)) (47°39'46"N, 122°46'11"W) to Hood Canal Light 13 (Light List No. 17855 FlG2.5s20ft4M"13," 47°39'45.5"N, 122°47'14.4"W) off Big Beef Creek, thence southerly to the ((tip of the)) outermost northern headland of Little Beef Creek (47°39'24.4"N, 122°47'23.4"W).
Area 12 – Additional purse seine chum seasonal closures:
(1) Those waters of Area 12 south and west of a line projected 94 degrees true from south Hazel Point (47°41'29.1"N, 122°46'22.6"W) to the ((light)) Hood Canal Light 11 on the opposite shore (Light List No. 17845 FLG4s15ft5M"11," 47°41'24.6"N, 122°44'50.4"W), bounded on the west by the Area 12/12B boundary line are closed to purse seines except this area is open for purse seines on October 24 and October 30.
(2) Those waters of Area 12 within 2 miles of the Hood Canal Bridge are closed to purse seines on October 24 and October 30.
Area 12A -
(1) Those waters north of a line projected due east from Broad Spit (47°48'37.8"N, 122°48'59.3"W) to landfall on the Toandos Peninsula (47°48'37.8"N, 122°47'42.5"W).
(2) Those waters within 1,000 feet of the mouth of the Quilcene River.
Area 12B -
(1) Those waters within 1/4-mile of the mouths of the Dosewallips, Duckabush, and Hamma Hamma rivers and Anderson Creek.
(2) Additional Chinook seasonal closure: Those waters north and east of a line projected from Tekiu Point (47°35'6.6"N, 122°57'52.8"W) to Triton Head (47°36'10.9"N, 122°59'0.5"W).
Area 12C -
(1) Those waters within 2,000 feet of the western shore between the dock at Glen Ayr R.V. Park (47°25'14.1"W, 23°7'50.7"N) and the Port of Hoodsport marina dock (47°24'12.6"N, 123°8'29.5"W).
(2) Those waters south of a line projected 107 degrees true from the Cushman Powerhouse (47°22'11.2"N, 123°09'35.9"W) to the ((public boat ramp at)) Union boat launch (47°21'27.5"N, 123°6'1.9"W).
(3) Those waters within 1/4-mile of the mouth of the Dewatto River.
Area 13A - Those waters of Burley Lagoon north of State Route 302; those waters within 1,000 feet of the outer oyster stakes off Minter Creek Bay from 47°21'47.5"N, 122°41'10.1"W to 47°21'9.8"N, 122°41'57.7"W, including all waters of Minter Creek Bay; those waters westerly of a line drawn due north from Thompson Spit (47°19'58.6"N, 122°43'42.7"W) at the mouth of Glen Cove; and those waters within 1/4-mile of Green Point.