WSR 00-10-068

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 00-58 -- Filed April 28, 2000, 4:40 p.m. , effective May 1, 2000, 12:01 a.m. ]

Date of Adoption: April 28, 2000.

Purpose: Amend personal use rules.

Citation of Existing Rules Affected by this Order: Amending WAC 220-56-350, 220-56-380, 220-56-115, 220-56-123, 220-56-128, 220-56-190, 220-56-191, 220-56-195, 220-56-199, and 232-12-619.

Statutory Authority for Adoption: RCW 75.08.080 and 77.12.040.

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 implement recommendations of the North of Falcon subgroup of the Pacific Fisheries Management Council, and are interim until permanent rule 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 10, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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, 2000, 12:01 a.m.

April 28, 2000

J. P. Koenings

Director


NEW SECTION
WAC 220-56-35000G
Clam seasons.

Notwithstanding the provisions of WAC 220-56-350:

Kayak Point County Park - Open to mussels until further notice.

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NEW SECTION
WAC 220-56-38000Y
Oyster seasons.

Notwithstanding the provisions of WAC 220-56-380:

Brown Point (DNR 57-B) - Closed until further notice.

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NEW SECTION
WAC 220-56-11500D
Angling gear.

Notwithstanding the provisions of WAC 220-56-115, effective July 1 until further notice there are no limitations on use of a downrigger or fishing weight restrictions in Catch Record Card Areas 9, 10, or 12.

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NEW SECTION
WAC 220-56-12300A
Unlawful provisions -- Ocean Shores boat basin

Notwithstanding the provisions of WAC 220-56-123, effective August 16 until further notice fishing for salmon prohibited with nonbuoyant lures that do not meet the specifications in WAC 220-56-205, with nonbuoyant natural bait lures having more than two single hooks measuring more than 3/4 inch point to shank, or baitfish jigger gear. Night closure.

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NEW SECTION
WAC 220-56-12800E
Closed area -- Finch Creek tidal channel.

Notwithstanding the provisions of WAC 220-56-128, effective May 1 until further notice fishing is closed in the waters within the channel of Finch Creek created when the tidelands are exposed.

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NEW SECTION
WAC 220-56-19000C
Coastal salmon seasons.

Notwithstanding the provisions of WAC 220-56-190, effective May 1 until further notice it is unlawful to fish for or possess salmon taken from Catch Record Card Areas 1 through 4 except as provided for in this section:

Area 1 - Open July 10 until further notice, Sundays through Thursdays only. Daily limit 2 salmon, not more than one of which may be a chinook. Release wild coho. No cumulative limit.

Area 2 and 2-2 west of the Buoy 13 line - Open July 3 until further notice, Sundays through Thursdays only. Daily limit 2 salmon, not more than one of which may be a chinook. Release wild coho. No cumulative limit. Closed July 3 through August 10 inside a line from the Westport Light to Grays Harbor Buoy No. 2, to Grays Harbor Buoy No. 3, to the Grays Harbor North Jetty.

Area 2-2 east of the Buoy 13 line - Closed except waters of the Westport and Ocean Shores Boat Basins open August 16 until further notice, daily limit six salmon not more than four of which may be adult salmon. Chinook and coho salmon minimum size 12 inches.

Area 2-1 - Open August 16 until further notice. Daily limit 6 salmon, not more than 2 of which may be adult salmon. Release wild coho salmon. Single point barbless hooks required.

Areas 3 and 4 - Open July 3 until further notice. Daily limit 2 salmon, not more than one of which may be a chinook. Release wild coho.

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NEW SECTION
WAC 220-56-19100L
Puget Sound salmon seasons.

Notwithstanding the provisions of WAC 220-56-191, effective May 1 until further notice it is unlawful to fish for or possess salmon taken from Catch Record Card Areas 5 through 13 except as provided for in this section:

Areas 5 and 6 - Open August 1 until further notice. Daily limit 2 salmon, except release chinook, chum and wild coho.

Area 7 - Open July 1 until further notice. Daily limit 2 salmon, not more than one of which may be a chinook salmon, except August 16 until further notice in Bellingham Bay and adjacent waters described in WAC 220-56-195(1) daily limit 4 salmon not more than one of which may be a chinook salmon, except closed in Samish Bay south of a line due east from Fish Point until further notice.

Areas 8-1 and 8-2 - Closed until further notice, except Tulalip Bay waters described in WAC 220-56-191 (4)(b) open July 14 until further notice each Friday through 11:59 a.m. the following Monday, daily limit 2 salmon not more than one of which may be a chinook.

Area 9 - Closed until further notice except when fishing from the Edmonds fishing pier, daily limit 2 salmon not more than one of which may be a chinook salmon and from the Hood Canal Floating Bridge pontoon May 1 through June 30, daily limit 2 salmon not more than one of which may be a chinook.

Area 10 - Open July 1 until further notice. Daily limit 2 salmon, except release chinook salmon, except:

(a) July 1 through August 15 Elliott Bay east of a line from West Point to Alki Point closed, except waters east of a line from Pier 91 to Duwamish Head open noon August 4 to noon August 7 and noon August 11 to noon August 14. During openings it is lawful to retain up to one chinook in the daily limit.

(b) July 1 until further notice Shilshole Bay east of a line from Meadow Point to West Point is closed.

(c) July 16 until further notice in Sinclair Inlet and Port Orchard south of the Manette Bridge, south of a line projected true west from Battle Point and west of a line projected true south from Point White the daily limit may contain up to two chinook.

(d) July 1 until further notice waters east of a line from Point Wells to Meadow Point are closed.

(e) Fishing from the Elliott Bay and Seacrest fishing piers is allowed May 1 until further notice, daily limit 2 salmon not more than one of which may be a chinook.

Area 11 - Open June 1 until further notice. Daily limit 2 salmon not more than one of which may be a chinook salmon. Fishing from the Dash Point Dock and the Point Defiance Boat House Dock from May 1 until further notice.

Area 12 - Open July 1 until further notice south of Ayock Point. Daily limit 2 salmon not more than one of which may be a chinook salmon. Release chum salmon. Open August 16 until further notice in waters northeast of a true east-west line from Point Whitney to the Toandos Peninsula. Daily limit 4 salmon. Release chinook and chum. The Hoodsport Hatchery fishery is managed separately under WAC 220-56-124.

Area 13 - Open May 1 until further notice. Daily limit 2 salmon not more than one of which may be a chinook salmon May 1 through June 30. Release wild coho July 1 until further notice. Fishing from the Fox Island Public Fishing Pier open May 1 until further notice, daily limit 2 salmon not more than one of which may be a chinook, and release wild coho July 1 until further notice.

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NEW SECTION
WAC 220-56-19500F
Closed areas -- Saltwater salmon fishing.

Notwithstanding the provisions of WAC 220-56-195, effective May 1 until further notice:

Area 7 waters southerly of a line from Sandy Point to Point Migley, following the west shore of Lummi Island to a straight line from shore through Lummi Rocks Buoy to Peapod Rocks Buoy, then to Lydia Shoal buoy, then to the easternmost point on Obstruction Island, then true south to Blakely Island, then from the southernmost point on Blakely Island to Fauntleroy Point, then from the southernmost point on Decatur Island to Lopez Island, then from Iceberg Point to Cattle Point, then to the Salmon Bank buoy then true west to the Area 7 boundary closed to fishing for salmon July 1 through July 31.

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NEW SECTION
WAC 220-56-19900A
Closed areas -- Chinook salmon angling.

Notwithstanding the provisions of WAC 220-56-199, Effective May 1 until further notice chinook only closures -- None.

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NEW SECTION
WAC 232-12-61900L
Exceptions to statewide rules -- North of Falcon 2000 emergency rules.

Notwithstanding the provisions of WAC 220-56-205, Chapters 220-57 and 220-57A WAC and WAC 232-28-619:

1. Bear River (Pacific County) - Effective immediately until further notice the river is closed to salmon fishing and single point barbless hooks, nonbouyant lures and night closure not required until August 16, 2000.

2. Beaver Creek (Thurston County) - Effective immediately until further notice when open trout minimum size 14 inches.

3. Blooms Ditch (Thurston County) - Effective immediately until further notice when open trout minimum size 14 inches.

4. Bogachiel River (Clallam County) - Effective immediately until further notice when open for salmon release wild adult coho and wild adult chinook.

5. Calawah River (Clallam County) - Effective immediately until further notice when open for salmon release wild adult coho and wild adult chinook.

6. Canyon Creek (Clark County) - Effective immediately until further notice when open trout daily limit five fish.

7. Canyon Creek (Klickitat County) - Effective immediately until further notice when open statewide rules apply.

8. Carbon River (Pierce County) - Effective August 1 until further notice nonbuoyant lure restriction and night closure from mouth to Voight Creek.

9. Clover Creek (Pierce County) - Effective immediately until further notice when open trout daily limit two fish.

10. Columbia River -

(a) Effective immediately until further notice rules applicable from Buoy 10 to the Megler-Astoria Bridge are extended to a line between Tongue Point in Oregon to Rocky Point in Washington

(b) Effective May 15 through July 31, from WDFW markers 1/4 mile downstream from the Ringold wasteway outlet to WDFW markers 1/2 mile upstream from Spring Creek: Fishing allowed only from the bank on the hatchery side of the river. Trout: release all fish except hatchery steelhead. Salmon: Daily limit two fish.

11. Copalis River (Grays Harbor County) - Effective immediately until further notice closed to salmon angling.

12. Cowlitz River (Cowlitz/Lewis Counties) - Effective August 1 until further notice: Salmon daily limit 6 fish of which no more than 2 may be adult fish. Release chum, chinook and wild coho.

13. Deep River (Wahkiakum County) - Effective May 1 until further notice: Salmon open. Daily limit 6 fish of which no more than 2 may be adult fish. Release chum and wild coho.

14. Dickey River (Clallam County) - Effective July 1 until further notice release wild adult coho and wild adult chinook.

15. Elwha River (Clallam County) - Effective August 1 until further notice fly fishing only from mouth to marker at the outfall of the WDFW rearing channel.

16. Green River (Cowlitz County) - Effective August 1 until further notice release chinook.

17. Hoh River (Jefferson County) - Effective June 1 until further notice the daily limit may contain up to two adult salmon from mouth to DNR oxbow campground boat launch, except release wild adult chinook

18. Hoko River (Clallam County) - Effective May 1 until further notice from upper Hoko Bridge to Ellis Creek Bridge: Trout: Fly fishing only and release all fish.

19. Kalama River (Cowlitz County) - Effective May 1 until further notice fishing from a floating device equipped with a motor prohibited in all waters upstream from the Modrow Bridge. From mouth to 1000 feet below fishway at upper salmon hatchery: Salmon: daily limit 6 fish of which no more than 2 may be adult fish. Release chum and wild coho.

20. Kilickitat River (Klickitat County) - Effective June 1 until further notice release wild coho.

21. Little Quilcene River (Jefferson County) - Effective June 1 until further notice statewide rules except trout minimum length fourteen inches.

22. Naselle River (Pacific/Whakiakum Counties) - Effective August 16 until further notice nonbuoyant lure and night closure downstream from North Fork and fishers may not allow their line, lures or bait to remain stationary in the water from the Crown Main Line Bridge downstream.

23. Nemah River, North, Middle and South (Pacific County) - Effective August 16 until further notice nonbuoyant lure restriction and night closure on North and Middle Nemah and South Nemah from mouth to confluence with Middle Nemah.

24. Niawiakum River (Pacific County) - Single point barbless hooks, nonbuoyant lure restriction and night closure not required until August 16. Effective July 1 until further notice closed to salmon fishing.

25. Nooksack River (Whatcom County) - Effective June 1 until further notice mainstem closed from Mount Baker High School bus barn to confluence of North and South forks.

26. North River (Grays Harbor/Pacific Counties) - Single point barbless hooks, nonbuoyant lure restriction and night closure not required until August 16. Effective July 1 until further notice closed to salmon fishing.

27. Palix River, including all forks (Pacific County) - Single point barbless hooks, nonbuoyant lure restriction and night closure not required until August 16. Effective July 1 until further notice closed to salmon fishing.

28. Quillayute River (Clallam County) - Effective July 1 through August 31 release wild adult coho and wild adult chinook.

29. Sauk River, South Fork (Skagit/Snohomish Counties) - Upstream from Elliott Creek: Trout: Statewide rules.

30. Skokomish River (Mason County) - Effective August 1 until further notice from mouth to Highway 101 Bridge, salmon daily limit 6 fish of which no more than 2 may be adult salmon, of which not more than one may be a chinook. Release chum.

31. Smith Creek (Pacific County) - Effective July 1 until further notice closed to salmon fishing. Effective August 16 until further notice nonbuoyant lure restriction and night closure from mouth to Highway 101 Bridge.

32. Sol Duc River (Clallam County) - Effective July 1 through August 31 release wild adult coho and wild adult chinook.

33. Tapps Lake Intake Canal (Pierce County) - Effective May 1 until further notice, bass: release fish 12 to 17 inches in length. Only one fish over 17 inches in length may be retained.

34. Tilton River (Lewis County) - Effective June 1 until further notice release wild coho.

35. Toutle River (Cowlitz County) - Effective August 1 until further notice in mainstem from mouth to forks and North Fork to posted deadline below fish collection facility: salmon daily limit 6 fish of which no more than 2 may be adult salmon. Release chum and chinook. Release wild coho downstream of the forks.

36. Vancouver Lake (Clark County) - Effective May 1 through May 30 the Vancouver Lake flushing channel is closed and fishing from the lake shore line within 400 feet of the flushing channel is closed.

37. Washougal River (Clark County) - Effective August 1 until further notice closed.

38. Willapa River (Pacific County) - Effective August 16 nonbuoyant lure restriction and night closure.

39. Wind River (Skamania County) - Effective May 1 through June 30 nonbuoyant lure restriction and night closure from mouth to Burlington Northern Railroad Bridge. Effective August 1 until further notice nonbuoyant lure restriction and night closure from mouth to Burlington Northern Railroad Bridge.

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Reviser's note: The spelling 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.

Washington State Code Reviser's Office