WSR 07-16-122

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 07-159 -- Filed July 31, 2007, 2:50 p.m. , effective August 1, 2007, 12:01 a.m. ]


Effective Date of Rule: August 1, 2007, 12:01 a.m.

Purpose: Amend personal use rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-62100X; 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: Estimates indicate that the Area 9 and 10 chinook selective fishery quota of 7,000 harvested chinook has been attained. Area 10 had previously been closed by emergency rule, as the 1,700 harvested chinook subquota had been reached there. This regulation prohibits the retention of chinook in Area 9. These emergency rules are necessary to comply with agreed-to management plans with the tribes. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: July 31, 2007.

J. P. Koenings

Director


NEW SECTION
WAC 232-28-62100Y   Puget Sound salmon seasons.   Notwithstanding the provisions of WAC 232-28-621, WAC 220-56-128, and WAC 220-56-195, effective 12:01 a.m. August 1, 2007, 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 immediately until further notice - Daily limit 2 salmon plus 2 additional pink, except release chum, wild Chinook, and wild coho. Single-point barbless hooks required.

(2) Area 6 - Open immediately 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 immediately 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 immediately until further notice, daily limit 2 salmon, not more than one of which may be a Chinook salmon, plus 2 additional pink, except release chum and wild coho. Single-point barbless hooks required.

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

(5) Area 8-2:

(a) Effective immediately 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 immediately 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, plus 2 additional pink, except release chum.

(b) Effective immediately until further notice - All other waters of Area 9, open 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, release chum, plus 2 additional pink.

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

(i) Effective immediately until further notice, daily limit 2 salmon plus 2 additional pink, except release Chinook and chum.

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

(iii) 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 except release chum.

(iv) Effective immediately through August 21, Elliott Bay east of a line from West Point to Alki Point is closed; except immediately 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 except release chum.

(v) Effective immediately 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, plus 2 additional pink.

(b) Effective immediately until further notice - All other waters of Area 11 open. Daily limit 2 salmon plus 2 additional pink, except release wild Chinook. 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, except release wild coho; and single-point barbless hooks required.

(b) Effective immediately until further notice, all other waters of Area 13 open. Daily limit 2 salmon, except release wild coho and wild Chinook. Single-point barbless hooks required.

[]

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.
REPEALER

The following section of the Washington Administrative Code is repealed, effective 12:01 a.m. August 1, 2007:


WAC 232-28-62100X Puget Sound salmon seasons.

Washington State Code Reviser's Office