Date of Adoption: July 30, 1999.

Purpose: Personal use rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-56-11500B; and amending WAC 220-56-115, 220-56-124, 220-56-191, 220-56-195, 220-57-380, 220-57-405, and 220-57-430.

Statutory Authority for Adoption: RCW 75.08.080.

Under RCW 34.05.350 the agency for good cause finds that state or federal law or federal rule or a federal deadline for state receipt of federal funds requires immediate adoption of a rule.

Reasons for this Finding: All sections being adopted in this emergency order have been recommended by the North of Falcon subgroup of the Pacific Fishery Management Council and agreed to at 1999 North of Falcon meetings. These regulations have been promulgated as permanent rules, but will not take effect until late August. These emergency rules are necessary until permanent rules take effect for the conservation needs of Puget Sound salmon stocks.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 7, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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

July 30, 1999

J. P. Koenings

Director

Notwithstanding the provisions of WAC 220-56-115, effective August 1, 1999 until further notice, in the following Catch Record Card Areas or designated portions during the following periods it is unlawful to use a downrigger, to use more than two ounces of weight attached to a line, or to use a lure or diver weighing more than two ounces:

(a) Area 9 - August 1 through August 31.

(b) Area 10 - August 1 through August 31.

(c) Area 12 north of Ayock Point - August 1 through August 31.

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Notwithstanding the provisions of WAC 220-56-124, waters defined in WAC 220-56-124 are open with a special daily limit of four salmon, not more than two may be chinook salmon, and chum salmon must be released immediately.

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Notwithstanding the provisions of WAC 220-56-191, effective August 1, 1999 until further notice, it is unlawful to fish for salmon for personal use from Catch Record Card Areas 5 through 13 except as provided in this section:

(a) Catch Record Card Areas 5 and 6 - open effective August 1 until further notice with a special daily limit of two salmon, except chinook and chum salmon must released immediately.

(b) Catch Record Card Area 7 - open effective August 1 until further notice with a special daily limit of two salmon, not more than one of which may be a chinook salmon.

(c) Catch Record Card Area 8-2 - open effective August 1 until further notice:

(i) Waters adjacent to Tulalip Bay west of a line from Mission Point to Hermosa Point and within 2,000 feet of shore between pilings at old Bower's Resort site on the south and fishing marker 1.4 miles northwest of Hermosa Point - open only 12:01 a.m. each Friday through 11:59 a.m. the following Monday. Special daily limit of two salmon, not more than one may be a chinook salmon.

(ii) All other waters of Area 8-2 - special daily limit of two salmon, except chinook salmon must be released immediately.

(d) Catch Record Card Area 9 - open effective August 1 until further notice with a special daily limit of two salmon, except chinook salmon and chum salmon must be released immediately.

(i) Notwithstanding the provisions of this subsection, while angling from the Edmonds Fishing Pier, special daily limit of two salmon, not more than one may be a chinook salmon, and the two-ounce weight restriction does not apply.

(e) Catch Record Card Area 10 - open effective August 1 until further notice:

(i) Waters of the Richmond Beach and North Beach areas east of a line from Point Wells to Meadow Point are closed to salmon angling.

(ii) Waters of Shilshole Bay east of a line from Meadow Point to West Point are closed to salmon angling.

(iii) Waters of Elliott Bay east of a line from West Point to Alki Point are closed to salmon angling except while angling from the Elliott Bay Fishing Pier at Terminal 86 and from the Seacrest Pier. While angling from these two piers: special daily limit of two salmon, not more than one may a chinook, and the two-ounce weight restriction does not apply.

(iv) Waters of Sinclair Inlet south of a line drawn due east from Illahee State Park to Bainbridge Island and west of a line drawn due south from Point White and southerly of the Manette Bridge - special daily limit of two salmon, not more than one may be a chinook salmon, and the two-ounce weight restriction does not apply.

(v) Other waters of Area 10 - special daily limit of two salmon, except chinook salmon must be released immediately.

(f) Catch Record Card Area 11 - open effective August 1 until further notice with a special daily limit of two salmon, not more than one may be a chinook salmon, and pink salmon must be release immediately.

(i) Notwithstanding the provision of this section, while angling from the Dash Point Dock and Point Defiance Boathouse Dock, special daily limit of two salmon, not more than one may be a chinook salmon.

(g) Catch Record Card Area 12 - open effective August 1 until further notice:

(i) Waters south of Ayock Point - special daily limit of two salmon, not more than one may be a chinook salmon, and chum and pink salmon must be released immediately.

(ii) Waters north of Ayock Point - special daily limit of four salmon, except chinook, chum, and pink salmon must be released immediately.

(h) Catch Record Card Area 13 - open effective August 1 until further notice with a special daily limit of two salmon, not more than one may be a chinook salmon, and wild coho must be released immediately.

(i) Minimum size for chinook salmon is 22 inches, but there is no minimum size limit for other salmon.

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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 220-56-19500E
Closed areas--Saltwater salmon angling.

Notwithstanding the provisions of WAC 220-56-195:

(i) Effective August 1 through August 31, waters of Catch Record Card Areas 5 and 6 within 3/4 mile of the shore of the mainland and within 3/4 mile of shore of Whidbey Island are closed to salmon angling when angling from boats.

(ii) Effective August 1 through September 30, waters of Catch Record Card Area 7 in Rosario Strait and the eastern portion of the Strait of Juan de Fuca southerly of a line running true south from the westernmost point on Fidalgo Head to Burrows Island, then westerly and southerly along the shore of Burrows Island to the Burrows Island Lighthouse, then to the Bird Rocks Buoy, then true west from Bird Rocks Buoy to Decatur Island, and then along the eastern shore of Decatur Island to the southernmost point on Decatur Island, then across Lopez Pass to Lopez Island and following the shore of Lopez Island southerly and westerly to Iceberg Point, then from Iceberg Point to Cattle Point, then south southwest to the Salmon Bank Buoy, and then true west from the Salmon Bank Buoy to the Area 7 boundary - closed to angling for salmon.

(iii) Effective August 1 through August 15, waters of Bellingham Bay, Padilla Bay, and Samish Bay southerly of a line projected from the most westerly point of Gooseberry Point to Sandy Point, easterly of a line from Sandy Point to Point Migley, then along the eastern shoreline of Lummi Island to Carter Point, then to the most northerly tip of Vendovi Island, then to Clark Point on Guemes Island, then following the shoreline to Yellow Bluff on the southwest corner of Guemes Island, then to Yellow Bluff Reef range marker, then to the ferry terminal dock east of Shannon Point and north of the Burlington Railroad bridges at the north end of Swinomish Slough - closed to salmon angling.

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Special daily limit of two coho salmon - open August 16 through October 31:

Downstream from the Highway 101 Bridge to Rogers Street. Selective gear rules. Closed to fishing from one hour after official sunset to one hour before official sunrise.

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Special daily limit of two salmon - open immediately through October 15: Downstream from the Thomas Road Bridge to the Bayview - Edison Road Bridge. Special daily limit of two salmon - October 16 until further notice: Downstream from Interstate 5 Bridge to the Bayview-Edison Road Bridge.

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Special daily limit of six salmon, not more than four may be adult salmon, and of the adult salmon, not more than one may be a chinook salmon - open effective August 1 until further notice: Downstream from the Highway 101 Bridge. During the period August 1 through October 15, chum salmon must be released immediately.

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The following section of the Washington Administrative Code are repealed effective 11:59 p.m. July 31, 1999:

WAC 220-56-11500B

Angling gear (99-88)

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.