WSR 97-19-004

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

(Fisheries)

[Order 97-183--Filed September 3, 1997, 4:33 p.m., effective September 8, 1997, 12:01 a.m.]

Date of Adoption: September 3, 1997.

Purpose: Personal use rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-56-19100X; 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: It is estimated that the agreed guideline of 44,000 coho will be nearly taken by the end of Sunday, September 7, 1997. This rule prevents excessive harvest. There is insufficient time to promulgate permanent rules before the guideline will be exceeded.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 1, amended 0, repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.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: September 8, 1997, 12:01 a.m.

September 3, 1997

Evan Jacoby

for Bern Shanks

Director

NEW SECTION

WAC 220-56-19100Y Puget Sound salmon--Seasons and daily limits. Notwithstanding the provisions of WAC 220-56-191, effective 12:01 a.m. September 8, 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) September 8 through September 15 - Open for salmon fishing but all species of salmon must be released immediately.

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

(b) 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) September 2 through September 30 - Closed.

(b) 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) Immediately until further notice - Special daily limit of two salmon, except:

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

(c) 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.

(d) 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. September 8, 1997: