WSR 97-18-055

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

(Fisheries)

[Order 97-177--Filed August 28, 1997, 4:50 p.m.]

Date of Adoption: August 28, 1997.

Purpose: Personal use rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-56-19000N and 220-56-24000A; and amending WAC 220-56-190 and 220-56-240.

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: The harvestable quota of salmon for Areas 1 and 3 have already been attained. It is expected that the quota for Area 2 will have been taken at the end of September 4, 1997. Area 4 has previously taken its chinook quota, and only the two day coho season (scheduled for August 30 and August 31) for waters east of the Bonilla-Tatoosh Line remains available. Regulations for other coastal areas are consistent with preseason fishing quotas and plans as derived in the PFMC/NOF annual management meetings, including the catch and release fishery in the eastern part of Area 4 during the period September 1 through September 14.

Atlantic salmon which escaped from aquaculture net pen operations during July 1997 are now being encountered in open trout fishing areas. Present regulations prohibit fishing for and retaining Atlantics unless areas are open for salmon fishing. Since the intent is to remove as many Atlantics as possible, the regulation is being amended to open all anadromous waters where there are salmon or trout fishing openings.

Expectation is that wild chinook salmon in the Green River will be below the desired spawning level, and actions have been taken to protect chinook returning to this river system. As a consequence, there will be a surplus of hatchery fish returning to the state hatchery facility on Big Soos Creek. Opening Big Soos Creek will make harvestable fish available to recreational anglers and will reduce the need to discard or dispose of excess surplus salmon carcasses.

There is insufficient time to promulgate permanent rules for the situations being addressed here.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.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 3, 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 28, 1997

Larry Peck

for Bern Shanks

Director

NEW SECTION

WAC 220-56-19000P Coastal salmon -- Seasons and limits. Notwithstanding the provisions of WAC 220-56-190, effective immediately until further notice it is unlawful to fish for or possess salmon taken for personal use from Catch Record Card Areas 1 through 4 except as provided for in this section:

(1) Area 1 - Closed.

(2) Area 2 - Special daily limit of 2 salmon. Special cumulative limit of 4 salmon in any seven consecutive days - open only August 28, 1997, August 31, 1997, and September 1, 1997 through September 4, 1997.

(3) Area 2.1 - Special daily limit of 6 salmon, not more than 3 of which may be adult salmon as defined in WAC 22-56-190 - open until further notice.

(4) Area 2.2 - The Westport Boat Basin fishery open as provided in WAC 220-56-190, except all species night closure and non-buoyant lure restiction (as defined in WAC 220-56-126) in effect September 1 until further notice. Waters east of the Channel Marker 13 Line - Daily limit A except release coho salmon - open September 1, 1997 through September 30, 1997 - single-point barbless hooks required.

(5) Area 3 - Closed.

(6) Area 4 west of the Bonilla-Tatoosh Line - Closed.

(7) Area 4 east of the Bonilla-Tatoosh Line (a) Special daily limit of 2 salmon, except chinook salmon and coho salmon must be released immediately - open through 11:59 p.m. August 29, 1997. (b) Special daily limit 2 salmon, except chinook salmon must be released immediately - open 12:01 a.m. August 30, 1997 through 11:59 p.m. August 31, 1997 1997. (c) Open to fishing for salmon September 1, 1997 through September 14, 1997 for catch and release only; all salmon must be released immediately. Gear limited to unweighted surface flies only.

(8) Size limits for Area 2.1 and Area 2.2 as defined in WAC 220-56-190(3) and WAC 220-56-190(2), respectively. Size limits for other areas listed in this section are as follows: Chinook salmon minimum size 24 inches in length. Coho salmon minimum size 16 inches in length.

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Reviser's note: The spelling 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.

Reviser's note: The typographical 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.

NEW SECTION

WAC 220-56-24000B Daily limits -- Other food fish -- Atlantic salmon. Notwithstanding the provisions of WAC 220-56-180 and WAC 220-56-240, effective immediately until further notice:

(1) There is no minimum size limit for anadromous Atlantic salmon and no daily or possession limits.

(2) Atlantic salmon may be fished for and retained in all anadromous waters open to trout fishing or open to salmon fishing for salmon other than Atlantic salmon.

(3) Once the daily limit of salmon other than Atlantic salmon is taken, it is unlawful to continue to fish for Atlantic salmon or salmon other than Atlantic salmon.

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NEW SECTION

WAC 220-57-12700A Big Soos Creek (King County) Effective 12:01 a.m. September 3, 1997 until further notice, it is lawful to fish for and possess salmon in those waters from the mouth of Big Soos Creek approximately one half mile upstream to the concrete bridge near the Washington State Department of Fish and Wildlife hatchery residence. Fishing is allowed only on Wednesdays within the hours 7:00 a.m. to 7:00 p.m. Special daily limit of two salmon. No more than one single-pointed hook allowed.

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REPEALER

The following sections of the Washington Administrative Code are repealed:

WAC 220-56-24000A Daily limits -- Other food fish -- Atlantic salmon. (97-127)