WSR 97-17-025

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

(Fisheries)

[Order 97-150--Filed August 11, 1997, 4:30 p.m., effective August 12, 1997, 12:01 a.m.]

Date of Adoption: August 11, 1997.

Purpose: Personal use rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-56-19100W; 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: An in-season update of the Green River chinook salmon run shown an expected wild run size of 4,984 fish, and this is below the escapement goal of 5,800 for this stock. By moving the boundary for the Elliott Bay salmon angling closure to the West Point/Alki Point line, it will provide increased protection for this wild chinook run.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 1, amended 0, repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.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: August 12, 1997, 12:01 a.m.

August 11, 1997

Dirk Brazil

for Bern Shanks

Director

NEW SECTION

WAC 220-56-19100X Puget Sound salmon--Seasons and daily limits. Notwithstanding the provisions of WAC 220-56-191, effective 12:01 a.m. August 12, 1997 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) Areas 5 and 6:

(a) August 11 through September 15 - Special daily limit of 2 salmon except release chinook.

(2) Area 7:

(a) August 1 through September 30 - Special daily limit of 4 salmon, not more than 2 of which may be chinook or coho.

(3) Area 8.1:

(a) Immediately through August 15 - Closed.

(b) August 16 through September 15 - Special daily limit of 4 salmon not more than 2 of which may be coho and release chinook.

(c) September 16 through September 30 - Special daily limit of 2 salmon except release chinook.

(4) Area 8.2:

(a) August 1 through September 30 - Special daily limit of 2 salmon except release chinook taken outside the Tulalip Bay Zone, defined as waters west of a line from Mission Point to Hermosa Point and within 2,000 feet from shore between the pilings at Old Bowers Resort northerly to a fishing boundary marker approximately 1.4 miles northwest of Hermosa Point.

(5) Area 9:

(a) August 1 through September 1 - Special daily limit of 2 salmon except release chinook.

(b) September 2 through September 30 - Closed.

(c) Notwithstanding the provision of this subsection, salmon fishing is permitted year-round from the Edmonds Public Fishing Pier - Special daily limit of 2 salmon and all salmon species may be retained.

(6) Area 10:

(a) Waters north of a line from West Point to Skiff Point and northeasterly of Agate Pass Bridge open with a special daily limit of two salmon, except:

(i) August 12 through August 31, release chinook salmon.

(ii) August 12 through October 15, Shilshole Bay east of a line from Meadow Point to West Point is closed to salmon angling.

(b) Waters south of a line from West Point to Skiff Point and southwesterly of Agate Pass Bridge open with a special daily limit of two salmon, except:

(i) August 12 through September 15, Elliott Bay east of a line from West Point to Alki Point is closed to salmon angling, except salmon angling is permitted from the Elliott Bay Public Fishing Pier and Seacrest Pier.

(ii) during the period September 16 through October 15, downstream of the First Avenue South Bridge to an east-west line through SW Hanford Street on Harbor Island and parallel to SW Spokane Street where it crosses Harbor Island, release chinook salmon. The non-buoyant lure and night closure restrictions of WAC 220-56-126 apply.

(7) Area 11 - Immediately until further notice - Special daily limit of 2 salmon.

(8) Area 12:

(a) Immediately through September 30 - Special daily limit of 4 salmon, not more than 2 of which may be pink salmon and release all chinook and chum.

(9) Area 13 - Immediately until further notice - Special daily limit of 2 salmon.

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REPEALER

The following section of the Washington Administrative Code is repealed effective 12:01 a.m. August 12, 1997: