WSR 06-17-097

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 06-208 -- Filed August 15, 2006, 2:15 p.m. , effective August 18, 2006, 12:01 a.m. ]


Effective Date of Rule: August 18, 2006, 12:01 a.m.

Purpose: Amend personal use fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-62100U and 232-28-62100V; and amending WAC 232-28-621.

Statutory Authority for Adoption: RCW 77.12.047.

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. These emergency rules are necessary to comply with agreed-to management plans, and are interim until permanent rules take effect. For Marine Areas 5 and 6, harvest of chinook last week was less than anticipated, leaving additional fish to be harvested while staying within the 3,500 chinook quota. This regulation allows additional fishing to harvest the additional fish.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 2.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: August 15, 2006.

J. P. Koenings

Director


NEW SECTION
WAC 232-28-62100V   Puget Sound salmon seasons.   Notwithstanding the provisions of WAC 232-28-621, WAC 220-56-128 and WAC 220-56-195, effective 12:01 a.m. August 18, 2006 until further notice, it is unlawful to fish for salmon in Puget Sound except as provided for in this section, provided that unless otherwise amended all permanent rules remain in effect:

(1) Area 5 - Open immediately through August 21 - Daily limit 2 salmon, except release chum, wild chinook, and wild coho. Open August 22 until further notice - Daily limit 2 salmon, except release chum, chinook, and wild coho.

(2) Area 6 - Open immediately through August 21 - Daily limit 2 salmon, except release chum and wild coho, release wild chinook west of a true north-south line through Buoy #2 immediately east of Ediz Hook, and release all chinook east of a true north-south line through Buoy #2 immediately east of Ediz Hook. Open August 22 until further notice - Daily limit 2 salmon, except release chinook, chum and wild coho.

(3) Area 7 - Open until further notice, daily limit 2 salmon, not more than one of which may be a chinook salmon, release chum and wild coho.

(4) Area 8-1 - Open until further notice, daily limit 2 salmon, except release chinook.

(5) Area 8-2:

(a) Effective immediately until further notice - Waters adjacent to Tulalip Bay west of the line from Mission Point to Hermosa Point, and within 2,000 feet of shore, north of pilings at old Bower's Resort and south of the fishing marker 1.4 miles northwest of Hermosa Point, open Friday through 11:59 a.m. the following Monday of each week. Daily limit 2 salmon.

(b) Effective immediately until further notice - All other waters of Area 8-2 open. Daily limit 2 salmon, except release chinook.

(6) Area 9:

(a) Salmon fishing open year-round from the Edmonds fishing pier. Daily limit 2 salmon, not more than one of which may be a chinook, release chum.

(b) Effective immediately until further notice - All other waters of Area 9 open. Daily limit 2 salmon, except release chinook and chum.

(7) Area 10:

(a) Salmon fishing open year-round from the Elliott Bay public fishing pier, Seacrest pier, Waterman pier, Bremerton boardwalk, and Illahee State Park pier. Daily limit 2 salmon, not more than one of which may be a chinook, release chum.

(c) Effective immediately until further notice, all other waters of Area 10 open with the following area rules, limits, and species restrictions - Daily limit 2 salmon, except release chinook and chum.

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

(ii) Waters of 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. Daily limit 2 salmon, lawful to retain chinook, except release chum.

(iii) During the period immediately through August 31, Elliott Bay east of a line from West Point to Alki Point is closed, except immediately through August 20 - Open east of a line from Pier 91 to Duwamish Head Friday through Sunday of each week - Daily limit of 2 salmon, lawful to retain chinook, except release chum.

(iv) Terminal gear in waters of the East Duwamish Waterway between a line projected east along the path of SW Hanford Street on Harbor Island and a line projected east from the south tip of Harbor Island is restricted to bait suspended above the bottom from a float.

(8) Area 11:

(a) Salmon fishing open year-round from the Les Davis public fishing pier, Des Moines public fishing pier, Redondo public fishing pier, Dash Point dock, and Point Defiance Boathouse dock. Daily limit 2 salmon, not more than one of which may be a chinook.

(b) Effective immediately until further notice - All other waters of Area 11 open. Daily limit 2 salmon.

(9) Area 13:

(a) Salmon fishing open year-round from the Fox Island public fishing pier. Daily limit 2 salmon, not more than one of which may be a chinook, except release wild coho.

(b) All other waters of Area 13, open immediately until further notice Daily limit 2 salmon, except release wild coho.

[]

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.
REPEALER


The following section of the Washington Administrative Code is repealed effective 12:01 a.m. August 18, 2006:


WAC 232-28-62100U Puget Sound salmon seasons. (06-205)

The following section of the Washington Administrative Code is repealed effective 12:01 a.m. September 1, 2006:


WAC 232-28-62100V Puget Sound salmon seasons.

Washington State Code Reviser's Office