WSR 12-17-104

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 12-182 -- Filed August 17, 2012, 2:22 p.m. , effective August 17, 2012, 2:22 p.m. ]


     Effective Date of Rule: Immediately.

     Purpose: Amend recreational fishing rules.

     Citation of Existing Rules Affected by this Order: Repealing WAC 220-56-10500F, 220-56-12400K, 220-56-28200L and 232-28-62100P; and amending WAC 220-56-105, 220-56-124, 220-56-282, and 232-28-621.

     Statutory Authority for Adoption: RCW 77.12.047, 77.12.045 and 77.04.020.

     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. The Puget Sound sturgeon change was intended as part of the sportfishing rule-making process for 2012-2013 and is consistent with Columbia River compact action.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 4, Amended 0, Repealed 4.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 17, 2012.

Philip Anderson

Director


NEW SECTION
WAC 220-56-10500G   River mouth definitions.   Notwithstanding the provisions of WAC 220-56-105, when pertaining to angling for the White Salmon River, any reference to the mouth shall be construed to include those waters upstream and inside of a line projected between the outermost uplands at the mouth. The term "outermost uplands" shall be construed to mean those lands not covered by water during an ordinary high tide.

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NEW SECTION
WAC 220-56-12400L   Unlawful provisions -- Hoodsport Hatchery.   Notwithstanding the provisions of WAC 220-56-124, effective immediately until further notice, those waters of Catch Record Card Area 12 within a 2,000-foot arc seaward of yellow buoys at the mouth of Finch Creek at the Hoodsport Salmon Hatchery are regulated as provided for in this section: Special daily limit of four salmon, of which no more than two salmon may be Chinook salmon greater than 24 inches in length. Release chum and wild Chinook.

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NEW SECTION
WAC 220-56-28200M   Sturgeon -- Areas, seasons, limits and unlawful acts -- Puget Sound.   Notwithstanding the provisions of WAC 220-56-282 and WAC 232-28-619, effective immediately until further notice, it is unlawful to violate the provisions below. Unless otherwise amended, all permanent rules remain in effect:

     (1) Puget Sound - It is unlawful to catch and release white sturgeon in Puget Sound and all Puget Sound tributaries unless the season for those waters is open for salmon or game fish.

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NEW SECTION
WAC 232-28-62100Q   Puget Sound salmon -- Saltwater seasons and daily limits.   Notwithstanding the provisions of WAC 232-28-621, effective immediately until further notice, it is unlawful to violate the provisions below. Unless otherwise amended, all permanent rules remain in effect:

     (1) Catch Record Card Area 5: Effective beginning September 15, lawful to retain wild coho.

     (2) Catch Record Card Area 7: Waters east of a line from Gooseberry Point to Sandy Point, closed September 4 through October 31.

     (3) Catch Record Card Area 8-2: Waters west of Tulalip Bay and within 2,000 feet of shore from the pilings at Old Bower's Resort, to a fishing boundary marker approximately 1.4 miles northwest of Hermosa Point - immediately through September 3, open only from Friday through 11:59 a.m. Monday of each week; and September 8 through September 23, open only Saturday and Sunday of each week - Daily limit of 2 salmon. Anglers in possession of a valid two-pole endorsement may use up to two lines while fishing. September 24 through September 30 - Same rules as remainder of Area 8-2.

     (4) Catch Record Card Area 10: Waters of Elliott Bay east of a line from West Point to Alki Point, closed through August 31.

     (5) Catch Record Card Area 12: Waters south of Ayock Point - release wild Chinook.

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REPEALER

     The following sections of the Washington Administrative Code are repealed:
WAC 220-56-10500F River mouth definitions. (12-77)
WAC 220-56-12400K Unlawful provisions -- Hoodsport Hatchery. (12-69)
WAC 220-56-28200L Sturgeon -- Areas, seasons, limits and unlawful acts -- Puget Sound. (12-69)
WAC 232-28-62100P Puget Sound salmon -- Saltwater seasons and daily limits. (12-69)