Effective Date of Rule: May 1, 2007.

     Purpose: Amend personal use rules.

     Citation of Existing Rules Affected by this Order: Amending WAC 220-56-116, 220-56-122, 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: The department is in the process of adopting permanent rules that are necessary to implement the personal use fishing plans agreed-to with resource comanagers at the North of Falcon proceedings. These emergency rules are necessary to comply with agreed-to management plans, and are interim until permanent rules take effect.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 6, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

     Date Adopted: April 24, 2007.

J. P. Koenings

Director

     (1) It is unlawful to use more than two hooks to fish in saltwater, except for forage fish jigger gear and squid jig gear, and when fishing from the north jetty of the Columbia River.

     (2) It is unlawful to use barbed hooks in Marine Areas 5-13, except for forage fish jigger gear.

     (3) It is unlawful to use other than one single barbless hook to fish for sturgeon.

     (4) It is unlawful to use other than single barbless hooks to fish for salmon in Marine Areas 1-4, except in the Ocean Shores and Westport Boat Basins, and in Marine Area 2-1 from August 1 until further notice, as provided for in this section.

     (5) It is unlawful to fish for or possess salmon taken with terminal gear hooks in violation of non-buoyant lure restrictions in the following saltwater areas during the periods indicated:

     (a) Budd Inlet waters south of a line projected true west from the KGY radio station to the mainland and north of the closed zone provided for in WAC 220-56-128 - July 16, until further notice.

     (b) Ocean Shores Boat Basin - August 16 until further notice.

     (c) Westport Boat Basin - August 16 until further notice.

     (6) Use of gear in violation of this section is an infraction, punishable under RCW 77.15.160.

     (7) It is unlawful to possess fish or shellfish taken with gear in violation of the provisions of this section. Possession of fish or shellfish while using gear in violation of the provisions of this section is a rebuttable presumption that the fish or shellfish were taken with such gear. Possession of such fish or shellfish is punishable under RCW 77.15.380 Unlawful recreational fishing in the second degree -- Penalty, unless the fish or shellfish are taken in the amounts or manner to constitute a violation of RCW 77.15.370 Unlawful recreational fishing in the first degree -- Penalty.

[]

     Reviser's note: The unnecessary underscoring 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 220-56-12200A   Statewide bait rules -- 2007 North of Falcon.   Notwithstanding the provisions of WAC 220-56-122, effective May 1, 2007, until further notice, it is lawful to use bait in saltwater.

[]

[]

     Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.
NEW SECTION
WAC 232-28-61900B   Exceptions to statewide rules -- 2007 North of Falcon.   Notwithstanding the provisions of WAC 232-28-619, effective May 1, 2007, until further notice, it is unlawful to violate the following provisions, provided that unless otherwise amended, all permanent rules remain in effect:

     Baker River (Skagit County): Mouth to Highway 20 Bridge: Salmon: Open only July 1 through July 31, except closed 12:01 a.m. July 5 through 2:00 p.m. July 6, and 12:01 a.m. July 10 through 2:00 p.m. July 11. Non-buoyant lure restriction and night closure. Daily limit 2 sockeye salmon.

     Big Beef Creek (Kitsap County): Waters within 100 feet of the Seabeck Highway NW Bridge closed to all fishing August 1 until further notice.

     Cascade River (Skagit County): From the mouth to the Rockport-Cascade Road Bridge: Salmon: Open June 1 through July 8. Non-buoyant lure restriction and night closure. Daily limit 2 hatchery chinook.

     McAllister Creek (Thurston County): Salmon: Open only July 1 until further notice, from mouth to Olympia - Steilacoom Road Bridge. Daily limit 6 fish, of which no more than 2 may be adult salmon.

     McLane Creek (Thurston County), from a line 50 feet north of and parallel to the Mud Bay Road Bridge, to a line 100 feet upstream and parallel to the south bridge on Highway 101: Salmon: closed.

     Naselle River (Pacific/Wahkiakum counties), from Highway 101 Bridge upstream, including all forks: Salmon: Open only August 1 until further notice, from Highway 101 Bridge to Highway 4 Bridge. Daily limit 6 fish, of which no more than 3 may be adult salmon; and of these 3 adult fish, no more than 1 may be a wild adult coho and not more than 2 may be adult chinook. Release chum.

     Nemah River, Middle, and South: Salmon: Open only August 1 until further notice, on Middle Nemah from mouth to DNR Bridge, and on South Nemah from mouth to confluence with Middle Nemah. Daily limit 6 fish, of which no more than 2 may be adult salmon; and of the two adult fish, no more than one may be a wild adult coho. Release chum.

     Purdy Creek (Mason County): June 1 through July 31 season. Selective gear rules. All species: Release all fish.

     Skagit River (Skagit/Whatcom counties): From the Dalles Bridge at Concrete to the Highway 530 Bridge at Rockport - Salmon open July 1 through July 31, except closed 12:01 a.m. July 5 until 2:00 p.m. July 6, and 12:01 a.m. July 10 until 2:00 p.m. July 11, and closed from 200 feet above the mouth of the Baker River to the Cascade River. Daily limit two sockeye salmon. Release all salmon except sockeye salmon.

     From the Highway 530 Bridge at Rockport to the Cascade River - Salmon open June 1 through July 8. Nonbuoyant lure restriction and night closure. Daily limit two salmon. Release all salmon except hatchery chinook.

     Skokomish River (Mason County), mouth to forks: Night closure, non-buoyant lure restriction, and single point barbless hooks required August 1 until further notice, mouth to Highway 101. Mouth to Highway 101: June 1 through July 31 season. Highway 101 to Forks: June 1 until further notice. All game fish: Release all fish. Selective gear rules from Highway 101 Bridge to forks. Salmon: Open only August 1 until further notice, mouth to Highway 101 Bridge. Terminal gear restricted to no closer than 25 feet of a tribal gill net. Daily limit 1 salmon. Release chum salmon.

     Skykomish River (Snohomish County): From mouth to mouth of Wallace River: Salmon: Open August 16 until further notice, mouth to Lewis Street Bridge in Monroe. Daily limit 2 salmon plus 2 additional pink salmon. Release chinook. Open June 1 through July 31, Lewis Street Bridge in Monroe to Wallace River. Daily limit 2 hatchery chinook.

     Snohomish River (Snohomish County), including all channels, sloughs, and interconnected waterways, but excluding all tributaries: Salmon: Open August 16 until further notice. Daily limit 2 salmon plus 2 additional pink salmon. Release chinook

     Wallace River (Snohomish County): From its mouth to 200 feet upstream of the water intake of the salmon hatchery, June 1 to August 31, closed from 363rd Avenue Southeast/Reece Road (Dike Road) to a point two hundred feet upstream of the water intake of the salmon hatchery.

     Willapa River (Pacific County): Mouth to Highway 6 Bridge: Salmon: Open only August 1 until further notice, from mouth to Highway 6 Bridge approximately 2 miles below mouth of Trap Creek. Daily limit 6 fish, of which no more than 3 may be adult salmon; and of the adult salmon not more than one may be a wild adult coho and not more than two may be adult chinook. Release chum.

[]

     (1) Area 1 - Open July 1 until further notice, 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) Area 2 - Open July 1 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 2-1 - Open July 1 through July 31: 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. Open August 1 through August 15: daily limit 6 salmon, not more than two of which may be adult salmon. Open August 16 until further notice, daily limit 6 salmon, not more than three of which may be adult salmon, of which only 2 may be chinook. Release chum.

     (c) Area 2-2 west of the Buoy 13 line:

     (i) Open July 1 through July 31: 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.

     (ii) Closed August 1 until further notice.

     (d) Those waters within a line from the lighthouse 1 mile south of the south jetty to Buoy No. 2, then to Buoy No. 3, then to the tip of the north jetty, then to the exposed end of the south jetty, are closed August 1 until further notice.

     (3) Area 3 - Open July 3 until further notice: open Tuesday through Saturday of each week, daily limit 2 salmon, not more than one of which may be a chinook, except release wild coho. Effective beginning August 1, daily limit may include 1 additional pink.

     (4) Area 4:

     (a) Open July 3 until further notice, with the following area rules, limits, and species restrictions: open Tuesday through Saturday of each week, daily limit 2 salmon, not more than one of which may be a chinook, except release wild coho.

     (i) Effective July 3 through July 31, closed to salmon angling east of a true north/south line through Sail Rock.

     (ii) Effective beginning August 1, release chinook east of the Bonilla-Tatoosh Line.

     (iii) Effective beginning August 1, release chum.

     (iv) Effective beginning August 1, daily limit may include 1 additional pink.

[]

     (1) Area 5 - Open July 1 until further notice - Daily limit 2 salmon plus 2 additional pink, except release chum, wild chinook, and wild coho. Single-point barbless required.

     (2) Area 6 - Open July 1 until further notice - Daily limit 2 salmon plus 2 additional pink, 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. Single-point barbless hooks required.

     (3) Area 7:

     (a) Waters of Bellingham Bay described in WAC 220-56-195(1) closed July 1 through August 15. Open August 16 until further notice - Daily limit 4 salmon, not more than 2 of which may be chinook salmon; release pink.

     (b) All other waters of Area 7 - Open July 1 until further notice, daily limit 2 salmon plus 2 additional pink, not more than one of which may be a chinook salmon; and effective beginning August 1, release chum and wild coho, and single-point barbless hooks required.

     (4) Area 8-1 - Open August 1 until further notice, daily limit 2 salmon, except release chinook and pink.

     (5) Area 8-2:

     (a) Effective June 2 through June 22, and June 24 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 the 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 plus 2 additional pink.

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

     (6) Area 9:

     (a) Salmon fishing open year-round from the Edmonds fishing pier. Daily limit 2 salmon, not more than one of which may be a chinook, and effective beginning August 1, release chum. Effective July 1 until further notice, daily limit may include 2 additional pink.

     (b) Effective July 16 until further notice - All other waters of Area 9 open with the following area rules, limits, and species restrictions:

     (i) July 16 through August 15, daily limit 2 salmon plus 2 additional pink, except release wild chinook and chum. Single-point barbless hooks required. Closed south of a line from Foulweather Bluff to Olele Point.

     (ii) August 16 until further notice, daily limit 2 salmon plus 2 additional pink, except release chinook and chum.

     (7) Area 10:

     (a) Salmon fishing open year-round from the 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, and effective beginning August 1, release chum. Effective July 1 until further notice, daily limit may include 2 additional pink.

     (b) Effective June 1 through June 30, closed; except open north of a line from Meadow Point to Point Monroe, and release all salmon. Single-point barbless hooks required.

     (c) Effective July 1 until further notice, all other waters of Area 10 open with the following area rules, limits, and species restrictions:

     (i) July 1 through July 15, daily limit 2 salmon plus 2 additional pink, except release chinook.

     (ii) July 16 through August 15, daily limit 2 salmon plus 2 additional pink, except release wild chinook; and effective August 1, release chum. Single-point barbless hooks required.

     (iii) August 16 until further notice, daily limit 2 salmon plus 2 additional pink, except release chinook and chum.

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

     (v) 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: daily limit 2 salmon, lawful to retain any chinook; and effective August 1, release chum.

     (vi) During the period July 1 through August 21, Elliott Bay east of a line from West Point to Alki Point is closed; except July 6 through 11:59 a.m. August 20 - Open east of a line from Pier 91 to Duwamish Head, Friday through Monday of each week - Daily limit of 2 salmon plus 2 additional pink, lawful to retain any chinook, and release chum August 1 through August 20.

     (vii) Effective July 1 until further notice, Duwamish waterway downstream from the First Avenue South Bridge to an east-west line through Southwest Hanford Street on Harbor Island parallel to Southwest Spokane Street where it crosses Harbor Island: Night closure, only 1 single-point barbless hook may be used, and only fish hooked inside the mouth may be retained.

     (8) Area 11:

     (a) Salmon fishing open year-round from the 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. Effective July 1 until further notice, daily limit may include 2 additional pink.

     (b) Effective June 1 through June 30 - All other waters of Area 11 open. Daily limit 2 salmon, except release wild chinook. Except those waters east 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. Single-point barbless hooks required.

     (c) Effective July 1 until further notice - All other waters of Area 11 open. Daily limit 2 salmon plus 2 additional pink, except release wild chinook. Those waters east 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 July 1 through July 31. Single-point barbless hooks required.

     (9) Area 13:

     (a) 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 July 1, release wild coho, and single-point barbless hooks required.

     (b) All other waters of Area 13, open May 1 until further notice, with the following area rules, limits and species restrictions:

     (i) May 1 through June 30 - Daily limit 2 salmon, except release wild chinook. Single-point barbless hooks required.

     (ii) July 1 until further notice - Daily limit 2 salmon, except release wild coho and wild chinook. Single-point barbless hooks required.

     (iii) 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.

[]

     Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.

     Reviser's note: The unnecessary underscoring 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.

© Washington State Code Reviser's Office