WSR 98-18-011

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[Order 98-170--Filed August 21, 1998, 3:19 p.m.]

Date of Adoption: August 21, 1998.

Purpose: Personal use rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-56-19100D and 220-56-19100F; and amending WAC 220-56-191.

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: This rule is pursuant to United States [vs.] Canada and implements coho and chinook protection measures. There is insufficient time to promulgate permanent rules.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, amended 0, repealed 2.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.

Effective Date of Rule: Immediately.

August 21, 1998

Evan Jacoby

for Bern Shanks

Director

NEW SECTION

WAC 220-56-19100F Puget Sound salmon--Saltwater seasons and daily limits. Notwithstanding the provisions of WAC 220-56-191, Effective immediately until further notice it is unlawful to 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 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).

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

(3) Catch Record Card 5 and 6 - Special daily limit of 2 salmon, release all chinook and chum salmon; the following areas are closed:

(a) waters within 3/4 mile of the mainland shore are closed to salmon angling.

(b) Waters within 3/4 mile of Whidbey Island shore are closed to salmon angling.

(4) Catch Record Card Area 7 - open effective immediately until further notice - Special daily limit of 2 salmon, except Bellingham Bay has a special daily limit of 4 salmon, not more than one of which may be a 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.

(b) Effective 12:01 a.m. August 16, 1998 through August 29, 1998:

(i) It is unlawful to fish for or possess salmon taken for personal use in that portion of Catch Record Card Area 7 identified as the East San Juan Islands, as described in WAC 220-56-199.

(ii) Special daily limit of two salmon not more than one of which may be a chinook salmon and release all coho in that portion of Catch Record Card Area 7 lying northerly and westerly of the East San Juan Islands as described in WAC 220-56-199.

(5) Catch Record Card Area 8-2 - open effective immediately until further notice - Special daily limit of 2 salmon, release all chinook salmon.

(6) Catch Record Card Area 9 - open effective immediately until further notice - Special daily limit of 2 salmon, release all chinook and chum salmon.

(7) Catch Record Card Area 10 - open effective immediately until further notice - Special daily limit of 2 salmon, release all chinook salmon; the following areas are closed:

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

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

(8) Catch Record Card Area 11 - open effective immediately until further notice - Special daily limit of 2 salmon, not more than 1 of which may be chinook.

(9) Catch Record Card Area 12 - open effective immediately until further notice - Special daily limit of 4 salmon, release all chinook and chum salmon; waters of the Hoodsport Hatchery Zone are managed separately as provided for in WAC 220-56-124. (10) Catch Record Card Area 13 - open effective immediately until further notice - Special daily limit of 2 salmon, not more than 1 of which may be chinook.

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REPEALER

The following section of the Washington Administrative Code is repealed:

WAC 220-56-19100D Puget Sound salmon--Saltwater season and daily limits. (98-143)

The following section of the Washington Administrative Code is repealed effective 11:59 p.m. August 29, 1998:

WAC 220-56-19100F Puget Sound salmon--Saltwater seasons and daily limits.