WSR 02-11-086

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 02-111 -- Filed May 16, 2002, 4:00 p.m. ]

Date of Adoption: May 16, 2002.

Purpose: Amend personal use rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-56-19500I, 232-28-61900Q, 232-28-62000D and 232-28-62100G; and amending WAC 220-56-195, 232-28-619, 232-28-620, and 232-28-621.

Statutory Authority for Adoption: RCW 77.12.047.

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: These are interim personal use rules that will be effective until the permanent rules resulting from the North of Falcon proceeding take effect on August 2, 2002. The department is in the process of adopting the permanent rules.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 4, Amended 0, Repealed 4.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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

May 16, 2002

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 220-56-19500I   Closed saltwater salmon areas -- 2002 North of Falcon.   Notwithstanding the provisions of WAC 220-56-195:

(1) Effective July 1, 2002, it is lawful to fish for salmon in all of Carr Inlet, except unlawful to fish for salmon within 1,000 feet of the outer oyster stakes at the mouth of Minter Creek.

(2) Effective August 1, 2002, it is lawful to retain salmon during open periods in waters of Areas 4 and 5 southerly of a line from Kydaka Point to Shipwreck Point.

(3) Effective July 1, 2002, until further notice waters of Area 6 within 1,000 feet of the mouth of the Elwah River are closed to salmon angling.

(4) Effective immediately until further notice waters of Area 8-2 east of a line from Mission Point to Hermosa Point are closed to salmon angling.

[]


NEW SECTION
WAC 232-28-61900Q   Exceptions to statewide rules -- 2002 North of Falcon.   Notwithstanding the provisions of WAC 232-28-619, it is unlawful to violate the following provisions:

(1) Baker River (Skagit County) - Mouth to Highway 20 Bridge closed through August 31, 2002.

(2) Cispus River (Lewis County) - Release wild chinook through July 31.

(3) Columbia River -

(a) Buoy 10 Line to Rocky Point-Tongue Point Line - August 1 until further notice salmon daily limit two fish, both of which may be chinook.

(b) Rocky Point-Tongue Point Line to I-5 Bridge - May 16 through July 31 release all salmon except jack chinook.

(c) I-5 Bridge to Highway 395 Bridge - June 16 through July 31 release all salmon except jack chinook.

(4) Cowlitz River (Lewis County) - Mouth to 400 feet below Mayfield Dam open to salmon. Daily limit may contain no more than one adult salmon through July 31.

(5) Hoh River (Jefferson County) - mouth to Willoughby Creek May 16 through May 31 open Wednesday through Sunday only. Game fish catch and release except up to two hatchery steelhead may be retained and daily limit may contain no more than 1 adult salmon. Effective June 1 until further notice salmon fishing allowed only Wednesday through Sunday of each week and daily limit may contain no more than 1 adult salmon.

(6) Klickitat River (Klickitat County) - From 400 feet above No. 5 fishway to boundary markers below Klickitat Salmon Hatchery closed to salmon angling through July 31, 2002.

(7) Lewis River and Lewis River North Fork (Clark County) - Immediately through July 31 - Daily limit six fish of which not more than one may be an adult salmon.

(8) Nooksack River (Whatcom County) - Effective August 1 until further notice nonbuoyant lures allowed.

(9) Puyallup River (Pierce County) - Effective August 1 until further notice salmon daily limit may contain no more than 1 adult chinook.

(10) Skagit River (Skagit County) - Gilligan Creek to Bacon Creek salmon fishing closed until further notice.

(11) Skykomish River (Snohomish County) - Lewis Street Bridge in Monroe to mouth of Wallace River open to salmon fishing June 1 through July 31 with a daily limit of 1 hatchery chinook.

(12) Toutle River (Cowlitz County) - August 1 until further notice lawful to retain chinook in daily limit. Release chum and wild coho in mainstem. Release wild coho in North Fork.

[]


NEW SECTION
WAC 232-28-62000D   Coastal salmon seasons -- 2002 North of Falcon.   It is unlawful to fish for salmon in coastal waters during 2002 except as provided in this section:

(1) Area 1:

(a) May 25 through June 16 - Daily limit 2 chinook salmon.

(b) July 7 until further notice - Open Sunday through Thursdays only, daily limit 2 salmon except release wild coho.

(2) Areas 2, 2-1, and 2-2:

(a) May 25 through June 16 - Daily limit 2 chinook salmon.

(b) June 30 until further notice open Sunday through Thursdays only, daily limit 2 salmon except release wild coho.

(3) Area 3:

(a) May 25 through June 16 - Daily limit 2 chinook salmon.

(b) July 7 until further notice - Daily limit 2 salmon except release wild coho.

(4) Area 4:

(a) May 25 through June 16 - Daily limit 2 chinook salmon.

(b) July 7 until further notice - Daily limit 2 salmon except release wild coho, release chinook east of the Bonilla-Tatoosh Line, and effective August 1 release chum.

[]


NEW SECTION
WAC 232-28-62100G   Puget Sound salmon seasons -- 2002 North of Falcon.   It is unlawful to fish for salmon in Puget Sound during 2002 except as provide for in this section:

(1) Area 5 - July 1 until further notice - Daily limit 2 salmon except release chum and wild coho. Release chinook July 1 through July 7, after July 7 daily limit may contain no more than 1 chinook.

(2) Area 6 - July 1 until further notice - Daily limit 2 salmon except release chinook, chum and wild coho.

(3) Area 7 - July 1 until further notice - Daily limit of 2 salmon not more than one of which may be a chinook salmon, and effective August 1 release chum and wild coho.

(4) Area 8-1 - August 1 until further notice - Daily limit 2 salmon except release chinook.

(5) Area 8-2:

(a) June 30 until further notice - Waters adjacent to Tulalip Bay west of the closed area line, within 2,000 feet of shore, north of pilings at old Bower's Resort and south of a fishing marker 1.4 miles northwest of Hermosa Point open Friday through 11:59 a.m. the following Monday of each week. Daily limit 2 salmon.

(b) All other waters of Area 8-2, August 1 until further notice - Daily limit 2 salmon except release chinook.

(6) Area 9 - July 1 until further notice - Daily limit 2 salmon except release chinook and chum.

(a) Salmon fishing open year round from Edmonds fishing pier. Daily limit 2 salmon, not more than one of which may be a chinook salmon, Effective August 1 release chum.

(b) Salmon fishing open year round from the Hood Canal Bridge fishing pontoon. Daily limit 2 salmon except effective July 1 release chinook and effective August 1 release chum.

(7) Area 10 - July 1 until further notice - Daily limit 2 salmon except release chinook, and effective August 1 release chum.

(a) Elliott Bay east of a line from West Point to Alki Point is closed except effective July 12 waters east of a line from Pier 91 to Duwamish Head open Friday through Sunday of each week. Release chum.

(b) Shilshole Bay east of a line from Meadow Point to West Point is closed.

(c) Lawful to retain chinook in waters of Sinclair Inlet and Port Orchard south of the Manette Bridge, south of a line projected true west from Battle Point, and west of a line projected true south from Point White.

(d) Salmon fishing open year round from Elliott Bay public fishing pier, Seacrest pier, Waterman pier, Bremerton boardwalk, and Illahee State Park pier. Daily limit 2 salmon, not more than one of which may be a chinook salmon. Effective August 1 release chum.

(e) Terminal gear restricted to bait suspended above the bottom from a float when fishing in the Duwamish Waterway as defined in WAC 232-28-621.

(8) Area 11:

(a) July 1 until further notice - Daily limit 2 salmon.

(b) Salmon fishing open year round from Les Davis public fishing pier, Des Moines public fishing pier, Redondo public fishing pier, Dash Point dock, and Point Defiance Boathouse dock. Daily limit 2 salmon, not more than one of which may be a chinook salmon.

(9) Area 12 except waters of the Hoodsport Hatchery Zone - July 1 until further notice in waters south of Ayock Point - Daily limit 4 salmon, not more than two of which may be chinook, and release chum.

(10) Area 13:

(a) Immediately through June 30 - Daily limit 2 salmon not more than one of which may be a chinook.

(b) July 1 until further notice - Daily limit 2 salmon except release wild coho.

(c) Carr Inlet - July 1 through July 31 terminal gear restricted to fly fishing only, daily limit 2 hatchery coho.

(d) Salmon fishing open year round from the Fox Island public fishing pier. Daily limit 2 salmon not more than one of which may be a chinook salmon and effective July 1 until further notice release wild coho.

[]

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.
REPEALER


The following sections of the Washington Administrative Code are repealed effective 11:59 p.m. August 2, 2002:


WAC 220-56-19500I Closed saltwater areas - 2002 North of Falcon
WAC 232-28-61900Q Exception to statewide rules - 2002 North of Falcon
WAC 232-28-62000D Coastal salmon seasons - 2002 North of Falcon
WAC 232-28-62100G Puget Sound salmon seasons - 2002 North of Falcon

Washington State Code Reviser's Office