FISH AND WILDLIFE
Title of Rule and Other Identifying Information: WAC 220-55-160 Free fishing weekend, 220-55-220 Two pole
endorsement, 220-55-230 Columbia River endorsement, 220-56-240
Daily limits forage fish and other food fish not otherwise
provided for, and 220-56-270 Smelt -- Areas and seasons.
THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Lori Preuss, Rules Coordinator, Washington Department of Fish and Wildlife, 600 Capitol Way North, Olympia, WA 98501-1091 , AND RECEIVED BY June 20, 2011.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: WAC 220-55-160 Free fishing weekend, language added to clarify that the two pole endorsement and the Columbia River endorsement are not needed during free fishing weekend.
WAC 220-55-220 Two pole endorsement, a portion of Swift Reservoir is removed from the areas where anglers may fish with two poles, due to bull trout holding in this area.
WAC 220-55-230 Columbia River endorsement, stream sections are added to the rule for clarification. Gobar Creek, a Kalama River tributary, was added to the list where the endorsement is required. Cougar Lake was removed, and the description for Swift Reservoir was revised.
WAC 220-56-240 Daily limits forage fish and other food fish not otherwise provided for, clarifies the daily limit of 15 for shiner perch. During the last rule change cycle, shiner perch were inadvertently included in the species that have a 2-fish daily limit.
WAC 220-56-270 Smelt -- Areas and seasons, closes fishing for eulachon smelt state-wide, due to their "threatened" listing under the Endangered Species Act. Adds the scientific name for the smelt species to clarify that the closure applies only to this species.
Reasons Supporting Proposal: All of these rule changes were adopted by the Washington fish and wildlife commission on February 5, 2011, to provide for maximum recreational fishing opportunity while conserving fish resources. By the time the Washington department of fish and wildlife (WDFW) filed the rule-making order (CR-103P) on April 12, 2011, to make these rules effective thirty-one days later, the time limit for filing all of the adopted rules except WAC 232-28-619 had expired. This expedited rule making will allow WDFW to file the adopted rules on or after June 21, 2011, to make them effective thirty-one days later. In the meantime, WDFW will use emergency rules to enact the commission's changes contained in these permanent rules.
Statutory Authority for Adoption: RCW 77.04.020 and 77.12.047.
Statute Being Implemented: RCW 77.04.020 and 77.12.047.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Washington department of fish and wildlife, governmental.
Name of Agency Personnel Responsible for Drafting: Craig Burley, 1111 Washington Street S.E., Olympia, WA, (360) 902-2784; Implementation: James Scott, 1111 Washington Street S.E., Olympia, WA, (360) 902-2736; and Enforcement: Chief Bruce Bjork, 1111 Washington Street S.E., Olympia, WA, (360) 902-2373.
Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: Because these rule changes were already adopted by the Washington fish and wildlife commission on February 5, 2011, the WDFW hopes that the public will reserve their comments until the next cycle of sportfishing rules is proposed, which will be in late summer 2011.
April 18, 2011
AMENDATORY SECTION(Amending Order 06-135, filed 6/13/06, effective 7/14/06)
WAC 220-55-160 Free fishing weekend. The Saturday and Sunday following the first Monday in June is declared to be free fishing weekend in Washington. On this weekend a fishing license is not required for any person, regardless of age or residency, to fish for or possess fish and shellfish and a fish and wildlife lands vehicle use permit is not required to utilize department parking facilities except that it is unlawful to fish for or possess any species for which a catch record is required without a valid catch record card in possession. Anglers may fish with two poles in all lakes where it is legal to do so without purchasing a two-pole endorsement, and may also fish in all open areas of the Columbia River and tributaries without purchasing a Columbia River endorsement. During free fishing weekend only the license, endorsements, and permit provided for in this section are affected, and all other rules including the catch record card requirement remain in effect.
[Statutory Authority: RCW 77.12.047. 06-13-023 (Order 06-135), § 220-55-160, filed 6/13/06, effective 7/14/06. Statutory Authority: RCW 75.08.080 and 77.12.040. 99-08-029 (Order 99-13), § 220-55-160, filed 3/30/99, effective 5/1/99.]
AMENDATORY SECTION(Amending Order 10-64, filed 3/19/10, effective 5/1/10)
WAC 220-55-220 Two pole endorsement. Anglers who are in possession of a valid two pole endorsement may fish with two lines in all lakes and ponds open to fishing, with the following exceptions:
|Columbia Park Pond||Benton|
|Blackbird Island Pond||Chelan|
|Carrie Blake Pond||Clallam|
|Vancouver Lake||Clark||Includes all other waters west of Burlington-Northern Railroad from Columbia River drawbridge near Vancouver downstream to Lewis River|
|Big Four Lake||Columbia|
|Lewis River Power Canal||Cowlitz||Includes old Lewis River streambed between Swift No.1 powerhouse and Swift No. 2 powerhouse|
|Dry Falls Lake||Grant|
|Damon Lake||Grays Harbor|
|Mill Creek Pond||Grays Harbor|
|Promised Land Pond||Grays Harbor|
|Quigg Lake||Grays Harbor||Located at Friends Landing near Montesano|
|Shye Lake||Grays Harbor|
|Vance Creek Pond #1||Grays Harbor|
|Vance Creek Pond #2||Grays Harbor|
|Wynoochee Reservoir||Grays Harbor|
|Lake Washington||King||Including that portion of Sammamish River from 68th Ave. NE bridge downstream|
|Lake Washington Ship Canal||King||(Including Lake Union, Portage Bay, and Salmon Bay) waters east of a north-south line 400' west of the Chittenden Locks to the MontLake Bridge|
|Old Fishing Hole Pond||King||Kent|
|Swans Mill Pond||King|
|Koeneman Lake||Kitsap||Formerly Fern Lake|
|Cowlitz Falls Reservoir||Lewis|
|Fort Borst Park Pond||Lewis|
|Mayfield Lake||Lewis||Mayfield Dam to Mossyrock Dam|
|Scanewa Lake||Lewis||Cowlitz Falls Reservoir|
|Big Twin Lake||Okanogan|
|Blue Lake||Okanogan||Near Wannacut Lake|
|Blue Lake||Okanogan||Sinlahekin Creek|
|Cougar Lake||Okanogan||Lost River|
|Green Lake||Okanogan||Lower Green Lake|
|Hidden Lake||Okanogan||Lost River|
|Middle Nemah Pond||Pacific|
|South Bend Mill Pond||Pacific|
|Browns Lake||Pend Oreille|
|Muskegon Lake||Pend Oreille|
|De Coursey Pond||Pierce|
|Granite Lakes||Skagit||Near Marblemount|
|Northern State Hospital Pond||Skagit|
|Drano Lake||Skamania||(Little White Salmon River) downstream of markers on point of land downstream and across from Little White Salmon National Fish Hatchery and upstream of Hwy. 14 bridge|
|Swift Reservoir||Skamania||From ((
|Ebey Lake||Snohomish||Little Lake|
|Fortson Mill Pond #2||Snohomish|
|Jennings Park Pond||Snohomish|
|Monte Cristo Lake||Snohomish|
|North Gissburg Pond||Snohomish|
|North Silver Lake||Spokane|
|Lucky Duck Pond||Stevens|
|Kennedy Creek Pond||Thurston|
|Mclane Creek Ponds||Thurston|
|Jefferson Park Pond||Walla Walla|
|Lions Park Pond||Walla Walla||College Place|
|Garfield Juvenile Pond||Whitman|
|Leech Lake||Yakima||White Pass area|
|Sarge Hubbard Park Pond||Yakima|
|Yakima Sportsmen's Park Ponds||Yakima|
|Note:||The two pole endorsement is not valid in the Columbia and Snake rivers except as noted in Lake Roosevelt and Rufus Woods Lake.|
[Statutory Authority: RCW 77.12.047. 10-07-105 (Order 10-64), § 220-55-220, filed 3/19/10, effective 5/1/10.]
Mainstem Columbia River from the Rocky Point/Tongue Point line to Chief Joseph Dam
Deep River (Wahkiakum County)
Grays River (Wahkiakum County) mouth to mouth of South Fork
Grays River, West Fork mouth to hatchery intake footbridge
Grays River, East Fork
Skamokawa River (Wahkiakum County) mouth (Hwy 4 Bridge) to forks below Oatfield and Middle Valley Road
Elochoman River (Wahkiakum County) mouth to mouth of West Fork
Mill Creek (Lewis County)
Abernathy Creek (Cowlitz County) mouth to Abernathy Falls
Germany Creek (Cowlitz County) mouth to end of Germany Creek Road
Coal Creek (Cowlitz County) mouth to 400 feet below falls
Cowlitz River (Cowlitz County) mouth to mouth of Ohanapecosh and Muddy forks
Blue Creek mouth to Spencer Road
Mill Creek mouth to hatchery road crossing culvert
Tilton River mouth to West Fork
Tilton River, East Fork
Tilton River, North Fork
Tilton River, South Fork
Tilton River, West Fork
Cispus River (Lewis County) mouth to North Fork
Coweeman River (Cowlitz County)
Toutle River (Cowlitz County) mouth to forks
Toutle River, North Fork
Toutle River, South Fork
Green River (Cowlitz County) mouth to Miner's Creek
Green River (Cowlitz County)))
Kalama River (Cowlitz County) mouth to Kalama Falls
Gobar Creek (Cowlitz County)
Lewis River (Clark/Cowlitz counties) mouth to mouth of East Fork
Lewis River, North Fork mouth to Merwin Dam
Lewis River, East Fork
Cedar Creek (Clark County)
Salmon Creek (Clark County) mouth to 72nd Ave. N.E.
Washougal River (Clark County)
Washougal River West, North Fork
Camas Slough (Clark County) (waters outside the mouth of the Washougal River, north of Lady Island, and downstream of the Highway 14 Bridge at the upstream end of Lady Island)
Drano Lake (Skamania County) (little White Salmon River downstream of the markers on point of land downstream and across from Little White Salmon National Fish Hatchery and upstream of Highway 14 Bridge)
Hamilton Creek (Skamania County)
Rock Creek (Skamania County)
Wind River (Skamania County)
White Salmon River (Klickitat/Skamania counties) mouth to Northwestern (Condit) Dam
Klickitat River (Klickitat County)
Walla Walla River (Walla Walla County) and tributaries
Mill Creek (Walla Walla County)
Touchet River (Columbia/Walla Walla counties) mouth to confluence of North Fork and South Fork
Touchet River, North Fork
Touchet River, South Fork
Touchet River, Wolf Fork
Grande Ronde River (Asotin County)
Snake River mainstem
Palouse River (Whitman County) (below the falls)
Tucannon River (Columbia/Garfield counties)
Yakima River (Benton/Yakima/Kittitas counties) mouth to 400 feet below Prosser Dam and Sunnyside (Parker) Dam to Roza Dam
Wenatchee River mouth to Lake Wenatchee (including Lake Jolanda)
Chelan River (Chelan County) mouth (railroad bridge) to Chelan PUD safety barrier below the powerhouse
Icicle River (Chelan County) mouth to Leland Creek
Lake Wenatchee (Chelan County)
Entiat River (Chelan County) mouth to Entiat Falls
Methow River (Okanogan County) mouth to Foghorn Dam
Okanogan River (Okanogan County)
Lake Osoyoos (Okanogan County)
Similkameen River (Okanogan County) mouth to Enloe Dam
[Statutory Authority: RCW 77.12.047. 10-07-105 (Order 10-64), § 220-55-230, filed 3/19/10, effective 5/1/10.]
AMENDATORY SECTION(Amending Order 10-64, filed 3/19/10, effective 5/1/10)
WAC 220-56-240 Daily limits forage fish and other food fish not otherwise provided for. It is unlawful for any person to retain more than the following quantities and sizes of food fish taken for personal use. Unless otherwise provided, other food fish fishing is open the entire year:
(1) Forage fish: 10 pounds in the aggregate. The possession limit is two daily limits in fresh form. Additional forage fish may be possessed in frozen or processed form.
(2) Shiner perch: Daily limit 15 fish.
(3) All other marine food fish not otherwise provided for in this chapter except albacore, yellowfin, skipjack, and northern bluefin tuna and all mackerel: Daily limit two fish.
[Statutory Authority: RCW 77.12.047. 10-07-105 (Order 10-64), § 220-56-240, filed 3/19/10, effective 5/1/10; 01-06-036 (Order 01-24), § 220-56-240, filed 3/5/01, effective 5/1/01. Statutory Authority: RCW 75.08.080, 77.12.040. 00-08-038 (Order 00-29), § 220-56-240, filed 3/29/00, effective 5/1/00. Statutory Authority: RCW 75.08.080 and 1998 c 191 § 40. 98-24-042 (Order 98-241), § 220-56-240, filed 11/24/98, effective 1/1/99. Statutory Authority: RCW 77.12.040 and 75.08.080. 98-06-031, § 220-56-240, filed 2/26/98, effective 5/1/98. Statutory Authority: RCW 75.08.080. 97-08-017 (Order 97-53), § 220-56-240, filed 3/25/97, effective 5/1/97; 96-05-004 (Order 96-13), § 220-56-240, filed 2/9/96, effective 5/1/96; 95-04-066 (Order 95-10), § 220-56-240, filed 1/30/95, effective 5/1/95; 94-14-069, § 220-56-240, filed 7/1/94, effective 8/1/94; 93-22-004 (Order 93-125), § 220-56-240, filed 10/20/93, effective 1/1/94; 93-08-034 (Order 93-20), § 220-56-240, filed 3/31/93, effective 5/1/93; 92-11-012 (Order 92-19), § 220-56-240, filed 5/12/92, effective 6/12/92; 91-08-054 (Order 91-13), § 220-56-240, filed 4/2/91, effective 5/3/91; 90-06-026, § 220-56-240, filed 2/28/90, effective 3/31/90; 89-07-060 (Order 89-12), § 220-56-240, filed 3/16/89; 88-10-012 (Order 88-14), § 220-56-240, filed 4/26/88; 86-09-020 (Order 86-08), § 220-56-240, filed 4/9/86; 85-09-017 (Order 85-20), § 220-56-240, filed 4/9/85; 84-09-026 (Order 84-22), § 220-56-240, filed 4/11/84; 80-03-064 (Order 80-12), § 220-56-240, filed 2/27/80, effective 4/1/80.]
AMENDATORY SECTION(Amending Order 06-67, filed 4/11/06, effective 5/12/06)
WAC 220-56-270 Smelt -- Areas and seasons. (1) ((
Unlawful to fish for or possess Columbia River smelt or
eulachon (Thaleichthys pacificus).
(2) Fishing for smelt other than Columbia River smelt or eulachon (Thaleichthys pacificus) is permitted the entire year on Pacific Ocean beaches and in all rivers concurrent with a salmon or gamefish opening, except closed in the Columbia River and tributaries.
(2) Smelt)) (3) Fishing for smelt other than Columbia
River smelt or eulachon (Thaleichthys pacificus) is open in
Puget Sound and the Strait of Juan de Fuca the entire year
except closed weekly from 8:00 a.m. Wednesday to 8:00 a.m.
Friday for all types of gear except forage fish jigger gear
and closed year-round in Catch Record Card Area 12. Violation
of this subsection is an infraction, punishable under RCW 77.15.160.
(3))) (4) It is unlawful to possess smelt taken with
gear in violation of the provisions of this section. Possession of smelt while using gear in violation of the
provisions of this section is a rebuttable presumption that
the smelt were taken with such gear. Possession of such smelt
is punishable under RCW 77.15.380 Unlawful recreational
fishing in the second degree -- Penalty, unless the smelt are
taken in the amounts or manner to constitute a violation of
RCW 77.15.370 Unlawful recreational fishing in the first
degree -- Penalty.
[Statutory Authority: RCW 77.12.047. 06-09-021 (Order 06-67), § 220-56-270, filed 4/11/06, effective 5/12/06; 04-17-098 (Order 04-218), § 220-56-270, filed 8/17/04, effective 9/17/04; 02-08-048 (Order 02-53), § 220-56-270, filed 3/29/02, effective 5/1/02. Statutory Authority: RCW 75.08.080 and 77.12.040. 99-08-029 (Order 99-13), § 220-56-270, filed 3/30/99, effective 5/1/99; 98-06-031, § 220-56-270, filed 2/26/98, effective 5/1/98. Statutory Authority: RCW 75.08.080. 93-08-034 (Order 93-20), § 220-56-270, filed 3/31/93, effective 5/1/93; 80-03-064 (Order 80-12), § 220-56-270, filed 2/27/80, effective 4/1/80. Formerly WAC 220-56-070.]