WSR 03-18-082

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 03-220 -- Filed August 29, 2003, 2:30 p.m. , effective September 1, 2003, 12:01 a.m. ]

     Date of Adoption: August 29, 2003.

     Purpose: Amend personal use rules.

     Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-62100L and 232-28-62100M; 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: An abundance of Fraser River pink salmon are migrating through the Strait of Juan de Fuca and Puget Sound. Escapement goals are expected to be met on all Puget Sound rivers. This emergency personal use rule increases the daily limit in Areas 5, 6 and 9 so that anglers may catch excess pink salmon. 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 2.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 1, 2003, 12:01 a.m.

August 29, 2003

Thu Lang Ngo

for Jeff Koenings

Director


NEW SECTION
WAC 232-28-62100M   Puget Sound salmon seasons -- 2003 North of Falcon.   Notwithstanding the provisions of WAC 232-28-621 and WAC 220-56-195, effective 12:01 a.m. September 1, 2003 until further notice, it is unlawful to fish for salmon in Puget Sound except as provided for in this section, provided that unless otherwise amended all permanent rules remain in effect:

     (1) Area 5 - Open September 1 through September 15 - Daily limit 4 salmon, no more than 2 coho and release chum, chinook, and wild coho.

     (2) Area 6 - Open September 1 through September 15 - Daily limit 4 salmon, no more than 2 coho and release chum, chinook, and wild coho.

     (3) Area 7 - Open immediately through September 30 - 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 immediately through September 30 - Daily limit 4 salmon, no more than 2 coho and chum in total, except release chinook.

     (5) Area 8-2:

     (a) Effective immediately through September 29 - 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) Effective September 30 - 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 and regulated concurrent with all other waters of Area 8-2

     (c) All other waters of Area 8-2, open immediately through September 30 - Daily limit 4 salmon, no more than 2 coho and chum in total, except release chinook.

     (6) Area 9 - Open immediately until further notice with the following limits and species restrictions:

     (a) Effective September 1 through September 15 - Daily limit 4 salmon, no more than 2 coho and release chum and chinook.

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

     (c) Fishing from the Hood Canal Bridge fishing pontoon is closed.

     (7) Area 10 - Effective immediately until further notice:

     (a) Open until further notice with the following area rules, limits, and species restrictions - Daily limit 2 salmon, except release chinook, and through September 15 release chum.

     (i) Lawful to retain chinook through September 15 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.

     (ii) 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.

     (b) 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. Release chum through September 15.

     (8) Area 11:

     (a) Open immediately 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) Waters north of Ayock Point:

     (i) Open immediately until further notice - Daily limit 4, coho only.

     (b) Waters south of Ayock Point:

     (i) Open immediately until further notice - Daily limit 4, no more than 2 of which may be chinook, and release chum.

     (c) Waters of the Hoodsport Hatchery Zone regulated under provisions in WAC 220-56-124.

     (10) Area 13: Open until further notice with the following area rules, limits and species restrictions:

     (a) Daily limit 2, release wild coho.

     (i) Waters at mouth of Minter Creek within 1,000 ft. of outer oyster stakes closed to salmon fishing through September 30 (as provided in WAC 220-56-195 (2)(b)).

     (ii) Budd Inlet - Night closure and non-buoyant lure restriction in effect in waters south of a line projected true west from the KGY radio tower and north of a line from the northwest corner of the Thriftway Market building to a point 100 yards north of the railroad bridge located on the western side of the inlet (as provided in WAC 220-56-126).

     (ii) Budd Inlet - Closed to fishing for food fish south of the Fourth Avenue Bridge (as provided in WAC 220-56-128 (2)).

     (b) 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 release wild coho.

[]


REPEALER

     The following section of the Washington Administrative Code is repealed effective 12:01 a.m. September 1, 2003:


WAC 232-28-62100L Puget Sound salmon seasons - 2003 North of Falcon. (03-169)

     The following section of the Washington Administrative Code is repealed effective 11:59 p.m. September 15, 2003:


WAC 232-28-62100M Puget Sound salmon seasons - 2003 North of Falcon

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