WSR 07-18-002

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 07-187 -- Filed August 22, 2007, 2:23 p.m. , effective August 22, 2007, 2:23 p.m. ]


Effective Date of Rule: Immediately.

Purpose: Amend personal use rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-56-11600D, 220-56-12200B, and 232-28-61900Q; and amending WAC 220-56-116, 220-56-122, and 232-28-619.

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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 3, Amended 0, Repealed 3.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: August 22, 2007.

Phil Anderson

for Jeff Koenings

Director


NEW SECTION
WAC 220-56-11600D   Statewide saltwater hook rules -- 2007 North of Falcon.   Notwithstanding the provisions of WAC 220-56-116, effective immediately, until further notice:

(1) It is unlawful to use more than two hooks to fish in saltwater, except for forage fish jigger gear and squid jigger 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-point barbless hook to fish for sturgeon.

(4) It is unlawful to use other than single-point 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, immediately 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 - immediately until further notice.

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

(c) Westport Boat Basin - Immediately 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.

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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 220-56-12200B   Statewide bait rules -- 2007 North of Falcon.   Notwithstanding the provisions of WAC 220-56-122, effective immediately, until further notice, it is lawful to use bait in saltwater.

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NEW SECTION
WAC 232-28-61900Q   Exceptions to statewide rules -- 2007 North of Falcon.   Notwithstanding the provisions of WAC 232-28-619, effective immediately, until further notice, it is unlawful to violate the following provisions, provided that unless otherwise amended, all permanent rules remain in effect:

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

McAllister Creek (Thurston County): Salmon: Open immediately until further notice only 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 immediately until further notice only 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 immediately until further notice only 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): Closed.

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

Skykomish River (Snohomish County): From mouth to mouth of Wallace River: Salmon: Open immediately until further notice, mouth to Lewis Street Bridge in Monroe. Daily limit 2 salmon plus 2 additional pink salmon. Release Chinook.

Snohomish River (Snohomish County), including all channels, sloughs, and interconnected waterways, but excluding all tributaries: Salmon: Open immediately 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, immediately until further notice, 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 immediately until further notice only 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.

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REPEALER

The following sections of the Washington Administrative Code are repealed, effective 12:01 a.m. August 26, 2007:

WAC 220-56-11600D Statewide saltwater hook rules -- 2007 North of Falcon.
WAC 220-56-12200B Statewide bait rules -- 2007 North of Falcon.
WAC 232-28-61900Q Exceptions to statewide rules -- 2007 North of Falcon.

Washington State Code Reviser's Office