EMERGENCY RULES
FISH AND WILDLIFE
Date of Adoption: April 30, 2003.
Purpose: Amend personal use fishing rules.
Citation of Existing Rules Affected by this Order: Repealing WAC 220-56-12800F, 220-56-18000B, 220-56-19500K, 232-12-61900S, 232-28-61900Y, 232-28-62000K and 232-28-62100K; and amending WAC 220-56-100, 220-56-128, 220-56-180, 220-56-195, 233-12-619, 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: The department is in the process of adopting the permanent rules that are necessary to implement the personal use fishing plans agreed to with resource comanagers in the North of Falcon proceedings. These interim personal use rules are necessary to cover the time period until permanent rules become effective.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 8, Amended 0, Repealed 7.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.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Repealed 0;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Repealed 0;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Repealed 0.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.
April 30, 2003
J. P. Koenings
Director
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(1) Kydaka Point: effective July 1 until further notice, waters of Areas 4 and 5 southerly of a line from Kydaka Point to Shipwreck Point are closed to salmon angling.
(2) Port Angeles Harbor: effective July 1 until further notice, waters of Port Angeles Harbor west of a line from the tip of Ediz Hook to the ITT Rayonier Dock are closed to salmon angling.
(3) Commencement Bay: those waters southerly of a line projected from the Sperry Ocean Dock to landfall below the Cliff House Restaurant on the north shore of Commencement Bay are closed to salmon angling June 1 through July 31.
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Baker River (Skagit County): Mouth to Highway 20 Bridge:
Open to salmon fishing July 1 through July 31. Daily limit 2
sockeye only.
Carbon River (Pierce County): From mouth to Voight Creek:
Effective August 1 until further notice, single point barbless
hooks required.
Elwha River (Clallam County): Effective June 1 until further
notice, closed from mouth to marker at outfall of WDFW rearing
channel.
Hoh River (Jefferson County): Trout: effective May 16
through May 31 from mouth to Willoughby Creek, open Wednesday
through Sunday of each week with a daily limit of 2 hatchery
steelhead only.
Hoh River South Fork (Jefferson County): outside Olympic
National Park: Effective June 1 until further notice,
selective gear rules are in effect.
Johns River, including North and South forks (Grays Harbor
County): Effective June 1 until further notice, closed
upstream of Ballon Creek.
McAllister Creek (Thurston County): July 1 until further
notice, salmon daily limit: 6 fish of which no more than 4 may
be adult salmon.
Nooksack River (Whatcom County), from Lummi Indian
Reservation boundary to Mount Baker High School bus barn at
Deming: Salmon: Open August 1 until further notice, in
mainstem from Lummi Indian Reservation boundary to Guide
Meridian Bridge, daily limit 2 pink salmon only. Selective
gear rules, except fishing from boats equipped with motor
allowed.
Puyallup River (Pierce County): Effective August 1 until
further notice, salmon daily limit of 6 fish of which no more
than 2 may be adult salmon. Lawful to retain pink salmon.
Quillayute River, outside Olympic National Park (Clallam
County): Trout: May 1 through May 31, open with a daily limit
of 2 hatchery steelhead only. Salmon: effective May 1 until
further notice, daily limit 6 fish of which no more than 2 may
be adult salmon, release wild adult chinook and wild adult
coho.
Skagit River (Skagit/Whatcom counties):
1) Effective June 1 through June 15, open to trout fishing in waters between a line 200 feet above the east bank of the Baker River to a line 200 feet below the west bank of the Baker River. Trout minimum length fourteen inches. Legal to retain Dolly Varden/bull trout as part of trout daily limit, minimum length twenty inches.
2) Effective July 1 through July 31, open for salmon from the Dalles Bridge at Concrete to a line projected across the river at a point 200' upstream of the east bank of the Baker River. Daily limit 2 sockeye only.
Skykomish River (Snohomish County): Beginning June 1 until
further notice, from Lewis Street Bridge in Monroe to Wallace
River, night closure and non-buoyant lure restriction in
effect.
Sol Duc River (Clallam County):
1) Effective May 1 until further notice, from mouth to concrete pump station at Sol Duc Hatchery, salmon daily limit 6 fish of which no more than 2 may be adult salmon, release wild adult chinook and wild adult coho.
2) Effective May 1 through May 31 from mouth to concrete pump station at Sol Duc Hatchery, open to trout fishing with a daily limit of 2 hatchery steelhead only.
3) Beginning June 1 until further notice, from Highway 101 Bridge downstream of Snider Creek to Olympic National Park boundary, selective gear rules are in effect.
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(1) Area 1 - Open June 29 until further notice - Open Sunday through Thursday of each week, daily limit 2 salmon, not more than 1 of which may be a chinook, except release wild coho.
(2) Areas 2, 2-1, and 2-2:
(a) Areas 2 and 2-1 - Open June 22 until further notice, open Sunday through Thursday of each week, daily limit 2 salmon, not more than 1 of which may be a chinook, except release wild coho.
(b) Area 2-2 - Open June 22 until further notice west of the Buoy 13 line, Sunday through Thursday of each week, daily limit 2 salmon, not more than 1 of which may be a chinook, except release wild coho.
(3) Area 3 - Open June 22 until further notice - Daily limit 2 salmon not more than one of which may be a chinook and 1 additional pink, except release wild coho.
(4) Area 4:
(a) Open June 22 until further notice - Daily limit 2 salmon not more than one of which may be a chiook and 1 additional pink, except release wild coho, release chinook east of the Bonilla-Tatoosh Line, and effective beginning August 1, release chum.
(i) Effective July 1 - July 31, lawful to retain chinook east of the Bonilla-Tatoosh Line and west of a true north-south line through Sail Rock.
(ii) Effective July 1 through July 31 closed to salmon angling east of a true north/south line through Sail Rock.
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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.
NEW SECTION
WAC 232-28-62100K
Puget Sound salmon seasons -- 2003 North
of Falcon.
Notwithstanding the provisions of WAC 232-28-621
and WAC 220-56-195, effective May 1 until further notice, it
is unlawful to fish for salmon in Puget Sound during 2003
except as provided for in this section, provided that unless
otherwise amended all permanent rules remain in effect:
(1) Area 5 - Open July 1 until further notice with the following limits and species restrictions:
(a) July 1 through July 4 - Daily limit 2 salmon, except release chinook, chum and wild coho.
(b) July 5 through July 31 - Daily limit 2 salmon, except release chum, wild chinook, and wild coho. Unlawful to bring on board a vessel salmon that are to be released.
(c) August 1 until further notice - Daily limit 4 salmon, no more than 2 coho and chinook in total, except release chum, wild chinook, and wild coho. Unlawful to bring on board a vessel salmon that are to be released.
(2) Area 6 - Open July 1 until further notice with the following limits and species restrictions:
(a) July 1 through July 4 - Daily limit 2 salmon, except release chinook, chum and wild coho.
(b) July 5 through July 31 - Daily limit 2 salmon, except release chum and wild coho, release wild chinook west of a true north-south line through Buoy #2 (immediately east of Ediz Hook), and release all chinook east of a true north-south line through Buoy #2 (immediately east of Ediz Hook). Unlawful to bring on board a vessel salmon that are to be released.
(c) August 1 until further notice - Daily limit 4 salmon, no more than 2 coho and chinook in total, except release chum and wild coho, release wild chinook west of a true north-south line through Buoy #2 (immediately east of Ediz Hook), and release all chinook east of a true north-south line through Buoy #2 (immediately east of Ediz Hook). Unlawful to bring on board a vessel salmon that are to be released.
(3) Area 7 - Open July 1 until further notice with the following limits and species restrictions:
(a) July 1 through July 31 - Daily limit 2 salmon not more than one of which may be a chinook salmon.
(b) August 1 until further notice - Daily limit 4 salmon, no more than 2 coho and chinook in total, no more than 1 chinook, except release chum and wild coho.
(4) Area 8-1 - Open August 1 until further notice, daily limit 4 salmon, no more than 2 coho and chum in total, except release chinook.
(5) Area 8-2:
(a) Effective July 4 until further notice - Waters adjacent to Tulalip Bay west of the line from Mission Point to Hermosa Point, and 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, open August 1 until further notice - Daily limit 4 salmon, no more than 2 coho and chum in total, except release chinook.
(6) Area 9 – Open July 16 until further notice with the following limits and species restrictions:
(a) July 16 through July 31 - Daily limit 2 salmon, except release chinook.
(b) August 1 until further notice - Daily limit 4 salmon, no more than 2 coho, except release chinook and chum.
(c) Salmon fishing open year-round from Edmonds fishing pier. Daily limit 2 salmon, not more than one of which may be a chinook, and effective beginning August 1, release chum.
(d) Salmon fishing open year-round from the Hood Canal Bridge fishing pontoon. Daily limit 2 salmon, except effective beginning July 1 release chinook, and effective beginning August 1 release chum.
(7) Area 10 - Effective June 16 until further notice:
(a) June 16 through June 30, closed, except open north of a line from Meadow Point to Point Monroe, release all salmon, and unlawful to bring salmon on board a vessel.
(b) Open July 1 until further notice with the following area rules, limits, and species restrictions - Daily limit 2 salmon, except release chinook and effective August 1 until further notice, release chum.
(i) Shilshole Bay east of a line from Meadow Point to West Point is closed.
(ii) 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.
(iii) During the period July 1 through August 31, Elliott Bay east of a line from West Point to Alki Point is closed, except July 11 through August 17 – Open east of a line from Pier 91 to Duwamish Head Friday through Sunday of each week – Daily limit of 2 salmon, lawful to retain chinook, and release chum August 1 through August 17.
(iv) 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) 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 beginning August 1, release chum.
(8) Area 11:
(a) Open June 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:
(a) Closed, except open July 1 until further notice in waters south of Ayock Point - Daily limit 4 salmon, not more than two of which may be chinook, except release chum.
(b) Waters of the Hoodsport Hatchery Zone regulated under provisions in WAC 220-56-124.
(10) Area 13: Open May 1 until further notice with the following area rules, limits and species restrictions:
(a) May 1 through May 31 - Daily limit 2 salmon, not more than one of which may be a chinook.
(b) June 1 through June 30 – Closed.
(c) July 1 until further notice:
(i) Daily limit 2 salmon, except release wild coho.
(ii) Carr Inlet – those waters of Carr Inlet north of a line from Green Point to Penrose Point open to salmon angling 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, and effective beginning July 1, release wild coho.
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The following sections of the Washington Administrative Code are repealed effective 11:59 p.m. August 15, 2003:
| WAC 220-56-12800F | Food fish fishing -- Closed areas -- 2003 North of Falcon. |
| WAC 220-56-18000B | Statewide salmon rules -- 2003 North of Falcon. |
| WAC 220-56-19500K | Closed saltwater salmon areas -- 2003 North of Falcon. |
| WAC 232-12-61900S | Permanent Washington statewide game fish rules -- 2003 North of Falcon. |
| WAC 232-28-61900Y | Exception to statewide rules -- 2003 North of Falcon |
| WAC 232-28-62000K | Coastal salmon seasons -- 2003 North of Falcon |
| WAC 232-28-62100K | Puget Sound salmon seasons -- 2003 North of Falcon |