Purpose: Personal use rules.

Citation of Existing Rules Affected by this Order: Amending WAC 220-56-124, 220-56-191, 220-56-195, 220-57-190, and 220-57-405.

Statutory Authority for Adoption: RCW 75.08.080.

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: These rules allow for the implementation of fishing restrictions designed to protect chinook salmon stocks, many of which are forecast to return to Puget Sound at levels below escapement. These season restrictions were publicly discussed and reviewed during the 1998 Pacific Fisheries Management Council, North of Falcon Processes, which were completed on April 10, 1998, and have been developed in consultation with resource comanagers. There is not sufficient time to promulgate permanent regulations prior to the May 1 implementation date. Delay in implementing these regulations would allow fishing on Puget Sound chinook stocks, recently proposed for listing under the Federal Endangered Species Act, at a higher rate of exploitation than is allowed by these measures.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 5, amended 0, repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.

Effective Date of Rule: May 1, 1998, 12:01 a.m.

April 30, 1998

Bern Shanks

Director

WAC 220-56-12400D  Unlawful provisions - Hoodsport Hatchery. Notwithstanding the provisions of WAC 220-56-124, effective July 1, 1998 until further notice, special daily limit of four salmon, no more than one of which may be chinook, release all chum salmon, and there is no minimum size limit. It is unlawful to fish for foodfish from one hour after official sunset to one hour before official sunrise.

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NEW SECTION

WAC 220-56-19100B  Puget Sound salmon - Saltwater seasons and daily limits. Notwithstanding the provisions of WAC 220-56-191, effective 12:01 a.m. May 1, 1998 until further notice it is unlawful to take, fish for, or possess salmon taken for personal use from Catch Record Card Areas 5 through 13 except as provided for in this section:

(1) The minimum size limit for chinook salmon is 22-inches, unless otherwise provided. There is no minimum size limit for other salmon species.

(2) Effective immediately until further notice, while angling from the following fishing piers, special daily limit of 2 salmon, no more than one of which may be chinook:

(a) Edmonds Public Fishing Pier (in Catch Record Card Area 9).

(b) Elliott Bay Public Fishing Pier at Terminal 86 (in Seattle in Catch Record Card Area 10).

(c) Seacrest Pier (in Seattle in Catch Record Card Area 10).

(d) Hood Canal Bridge Fishing Pontoon below the bridge (the boundary line between Catch Record Card Areas 9 and 12)

(3) Catch Record Card Area 7 - open effective July 1, 1998 until further notice - Special daily limit of 2 salmon, release all chinook salmon.

(a) The following waters are closed to salmon angling: Waters within 1500 ft. of Fidalgo Island from the Initiative 77 marker northeast of Northwest Island to Biz Pt.; and waters of Burrows Bay inside a line from Biz Pt. To Williamson Rocks Buoy to the Dennis Shoal Buoy, to a point 1500 ft. west of the Burrows Island Light, then northeast to Fidalgo Head; and waters within 1500 ft. of Fidalgo Island from Fidalgo Head to Shannon Pt.; waters within 1500 ft. of Lopez Island bounded by a line running from Pt. Colville due south 1500 ft. then northerly along the Island, across Lopez Pass, and then northerly along Decatur Island within 1500 ft. of shore to Fauntleroy Pt., including waters within 1500 ft. of James Island.

(4) Catch Record Card Area 10 - open effective July 1, 1998 until further notice - Special daily limit of 2 salmon, release all chinook salmon.

(a) The following areas are closed:

(i) Shilshole Bay east of a line from Meadow Point to West Point.

(ii) Elliott Bay east of a line from 4-Mile Rock to Alki Point.

(5) Catch Record Card Area 11 - open effective May 1, 1998 until further notice - Special daily limit of 2 salmon, no more than one of which may be chinook.

(6) Catch Record Card Area 12 - open effective July 1, 1998 until further notice - Special daily limit of 4 salmon, release all chinook and chum salmon.

(a) Waters of the Hoodsport Hatchery Zone are managed separately as provided for in WAC 220-56-124.

(7) Catch Record Card Area 13 - open effective May 1, 1998 until further notice - Special daily limit of 2 salmon, no more than one of which may be chinook.

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NEW SECTION

WAC 220-56-195000A  Closed areas--Saltwater salmon angling. Notwithstanding the provisions of WAC 22-56-195 the waters of Commencement Bay east of a line projected from the Sperry Dock to landfall below the Cliff House Restaurant on the north shore of Commencement Bay are closed effective immediately through July 31, 1998.

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Reviser's note: The typographical error 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 220-57-19000B  Deschutes River. Notwithstanding the provisions of WAC 220-57-190, effective July 1 through July 31, 1998, daily limit A, except release all coho. Selective gear rules upstream from Henderson Boulevard Bridge.

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NEW SECTION

WAC 220-57-40500A  Samish River. Notwithstanding the provisions of WAC 220-57-405, effective July 1, 1998 until further notice, special daily limit of 2 salmon.

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