WSR 02-14-069

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 02-133 -- Filed June 27, 2002, 3:33 p.m. , effective July 1, 2002, 12:01 a.m. ]

Date of Adoption: June 27, 2002.

Purpose: Amend personal use fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-62100G; and amending WAC 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: This emergency regulation is necessary to correct three problems in current regulations. First, it conforms regulations for the East Duwamish Waterway with the concise explanatory statement of Fish and Wildlife Commission actions taken earlier this year, and second, it corrects two oversights in regulations implementing the North of Falcon fishing plan. The concise explanatory statement says the rule adopted by the Fish and Wildlife Commission requiring use of bait suspended below a float in the East Duwamish Waterway involves the area between a line projected east along the path of S.W. Hanford Street on Harbor Island and a line projected east from the south tip of Harbor Island. Current regulations in effect state it differently. The proper area description as contained in the concise explanatory statement is presented in this regulation. Agreements reached in the North of Falcon forum say the daily limit for the Elliott Bay sport fishery openings in July and August is two salmon per day and chinook may retained in that limit. Order 02-111, the order implementing the Puget Sound portion of the North of Falcon fishing plan, does not provide for chinook retention in Elliott Bay, so this regulation corrects that error. The other change effected by this order is maintenance of the Minter Creek mouth 1000 foot closure zone during the July coho salmon fly fishing opening in Carr Inlet. In past years, Carr Inlet has been closed to salmon angling during the spring and early summer months May through July, and a separate creek mouth closure continued through the end of September. The package implementing North of Falcon regulations opened the entire Carr Inlet area for fly fishing for coho, but there was no provision for the creek mouth closure zone in the package. This action rectifies that oversight. There is insufficient time to promulgate 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 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: July 1, 2002, 12:01 a.m.

June 27, 2002

Evan Jacoby

for Jeff Koenings

Director


NEW SECTION
WAC 232-28-62100H   Puget Sound salmon -- Saltwater seasons and daily limits.   Notwithstanding the provisions of WAC 220-56-126 and WAC 232-28-621, effective July 1, 2002 until further notice, it is unlawful to fish for salmon in Puget Sound except as provided for in this section:

(1) Area 5 - Open through September 30 - Daily limit 2 salmon except release chum and wild coho salmon. Release chinook salmon through July 7, and after July 7 the daily limit may contain no more than one chinook salmon.

(2) Area 6 - Open through September 30 - Daily limit 2 salmon except release chinook, chum, and wild coho salmon.

(3) Area 7:

(a) Open until further notice - Daily limit 2 salmon not more than one of which may be a chinook salmon. Effective August 1 through September 30 release chum and wild coho salmon, and effective October 1 until further notice release chinook salmon.

(b) Notwithstanding the provisions of this subsection, during the period August 16 until further notice, the daily limit in Bellingham Bay and adjacent waters described in WAC 220-56-195(1) is 4 salmon, no more than 2 of which may be chinook.

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

(5) Area 8-2:

(a) Waters adjacent to Tulalip Bay west of the closed area line, within 2000 feet of shore, north of pilings at old Bower's Resort and south of a fishing marker 1.4 miles northwest of Hermosa Point:

(i) Effective immediately through September 30 open Friday through 11:59 a.m. the following Monday of each week. Daily limit 2 salmon.

(ii) Open October 1 until further notice - Daily limit 2 salmon except release chinook

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

(6) Area 9 - Open until further notice - Daily limit 2 salmon except release chinook. Release chum salmon through September 30.

(a) Open year round when fishing from the Edmonds Fishing Pier. Daily limit 2 salmon, not more than one of which may be a chinook salmon, and effective August 1 through September 30 release chum salmon.

(b) Open year round when fishing from the Hood Canal Bridge Fishing Pontoon:

(i) Effective immediately through August 31 - Daily limit 2 salmon except release chinook, and effective August 1 release chum salmon.

(ii) Effective September 1 until further notice - Daily limit 2 salmon not more than one of which may be a chinook. Release chum salmon through October 15.

(7) Area 10 - Open until further notice - Daily limit 2 salmon except release chinook salmon, and effective August 1 through September 15 release chum salmon.

(a) Elliott Bay east of a line from West Point to Alki Point closed through August 31, except waters east of a line from Pier 91 to Duwamish Head are open Friday through Sunday of each week during the period July 12, 2002 through August 18, 2002 - Daily limit 2 salmon (lawful to retain chinook).

(b) Terminal gear in waters of the East Duwamish Waterway between a line projected east along the path of SW Hanford Street on Harbor Island and a line projected east from the south tip of Harbor Island is restricted to bait suspended above the bottom from a float.

(c) Shilshole Bay east of a line from Meadow Point to West Point closed through August 31.

(d) Effective through September 15 it is lawful to retain chinook salmon caught 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.

(e) Open year round when fishing 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 through September 15 release chum salmon.

(8) Area 11:

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

(b) Open year round when fishing 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 which are managed separately as provided for in WAC 220-56-124:

(a) Waters south of Ayock Point:

(i) Open through October 15 - Daily limit 4 salmon, not more than two of which may be chinook salmon, and release chum salmon.

(ii) Open October 16 until further notice - Daily limit 4 salmon, not more than one of which may be a chinook salmon.

(b) Waters north of Ayock Point excluding waters of Quilcene Bay north of a line running east from Point Whitney to the Toandos Peninsula:

(i) Open September 1 through October 15 - Daily limit 4 coho salmon only.

(ii) Open October 16 until further notice - Daily limit 4 salmon, not more than one of which may be a chinook salmon.

(c) Open August 16 until further notice in waters of Quilcene Bay north of a line running east from Point Whitney to the Toandos Peninsula - Daily limit 4 coho salmon only.

(10) Area 13:

(a) Open until further notice - Daily limit 2 salmon except release wild coho.

(b) Carr Inlet north of a line from Penrose Point to Green Point - July 1 through July 31 terminal gear is restricted to fly fishing only, daily limit 2 hatchery coho salmon.

(c) Waters at Minter Creek mouth within 1,000 feet of outer oyster stakes are closed to salmon angling through September 30.

(d) Open year round when fishing from the Fox Island Public Fishing Pier. Daily limit 2 salmon not more than one of which may be a chinook salmon, and release wild coho salmon.

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REPEALER


The following section of the Washington Administrative Code is repealed effective 12:01 a.m. July 1, 2002:


WAC 232-28-62100G Puget Sound salmon seasons -- North of Falcon (02-111)

Washington State Code Reviser's Office