WSR 01-10-038

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 01-56 -- Filed April 25, 2001, 11:33 a.m. , effective May 1, 2001, 12:01 a.m. ]

Date of Adoption: April 25, 2001.

Purpose: Amend personal use rules.

Citation of Existing Rules Affected by this Order: Amending WAC 220-56-124, 220-56-195, 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: These rules codify the recreational fisheries negotiated during the North of Falcon/Pacific Fisheries Management Council meetings completed April 6, 2001. This emergency regulation change provides interim rules until the permanent rule process can be completed. There is insufficient time between the end of the North of Falcon/Pacific Fisheries Management Council process and the beginning of fisheries to allow for completion of the permanent rule process.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 3, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0. Effective Date of Rule: May 1, 2001, 12:01 a.m.

April 25, 2001

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 220-56-12400G   Unlawful provisions -- Hoodsport hatchery.   Notwithstanding the provisions of WAC 220-56-124, effective July 1, 2001 until further notice the daily limit in these waters is 4 salmon, not more than 2 of which may be chinook greater than 24 inches in length, and chum salmon must be released.

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NEW SECTION
WAC 220-56-19500H   Closed areas -- Saltwater salmon angling.   Notwithstanding the provisions of WAC 220-56-195, effective July 1, 2001 through July 31, 2001 the following waters of Catch Record Card Area 7 are open to salmon angling: Those waters bounded by a line running from the Salmon Bank Buoy, then true west from the Salmon Bank Buoy to the Area 7 boundary, then southwesterly following the U.S./Canada International Boundary to its juncture with Area 6, then following the Area 6/7 boundary in a southeasterly direction to the Rosario Strait Traffic Lane Entrance Lighted Buoy R (USCG Light List No. 16340, referenced as Y"R" on National Ocean Service Chart No. 18400-1 dated 1997-09-30), then in an east north easterly direction along a line drawn from the Rosario Strait Traffic Lane Entrance Lighted Buoy R to Smith Island until it intersects with a line drawn true south from Salmon Bank Buoy, and then true north from this point of intersection to the Salmon Bank Buoy.

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NEW SECTION
WAC 232-28-62100B   Puget Sound salmon seasons.   Notwithstanding the provisions of WAC 232-28-621, effective 12:01 a.m. May 1, 2001 until further notice it is unlawful to fish for or possess salmon taken for personal use from Catch Record Card Areas 5 through 13 except as provided for in this section:

     In all fisheries provided for in this section the minimum size for chinook is 22 inches and there is no minimum size for other salmon.

     (1) Catch Record Card Area 5 -

     (a) Open July 1 until further notice, daily limit of 2 salmon, not more than 1 of which may be a chinook salmon. Release chum and wild coho salmon.

     (2) Catch Record Card Areas 6 -

     (a) Closed until further notice.

     (3) Catch Record Card Area 7:

     (a) Open July 1 until further notice - Daily limit of 2 salmon, not more than 1 of which may be a chinook salmon.

     (4) Catch Record Card Area 8-1:

     (a) Closed until further notice

     (5) Catch Record Card Area 8-2:

     (a) Closed until further notice, except:

     (b) Waters adjacent to Tulalip Bay west of a line from Mission Point to Hermosa Point and within 2,000 feet of shore between pilings at Old Bower's Resort on the south and a fishing marker 1.4 miles northwest of Hermosa Point open only 12:01 a.m. each Friday through 11:59 a.m. the following Monday, July 1 until further notice. Daily limit of 2 salmon, not more than 1 of which may be a chinook salmon.

     (6) Catch Record Card Area 9:

     (a) Closed until further notice, except:

     (b) Open May 1 until further notice while fishing from the Hood Canal Bridge Fishing pontoon - Daily limit of 2 salmon not more than one of which may be a chinook salmon, except release chinook starting July 1 and until further notice.

     (c) Open May 1 until further notice while fishing from the Edmonds Public Fishing Pier - Daily limit of 2 salmon not more than one of which may be a chinook salmon.

     (7) Catch Record Card Area 10:

     (a) Open July 1 until further notice. - Daily limit of 2 salmon except release chinook and chum salmon, and:

     (i) During the period July 1 until further notice, Elliott Bay east of a line from West Point to Alki Point is closed, except waters east of a line from Pier 91 to Duwamish Head open July 20 through July 22, 2001 and open July 27 through July 29, 2001 - Daily limit of 2 salmon not more than one of which may be a chinook salmon, release chum.

     (ii) During the period July 1 until further notice, Shilshole Bay east of a line from Meadow Point to West Point is closed.

     (iii) During the period July 1 until further notice, 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 - Open. Daily limit of 2 salmon. Chinook salmon may be retained in the daily limit.

     (b) Open May 1 until further notice while fishing from the Elliott Bay public fishing pier at Terminal 86, Seacrest Pier, Waterman Pier, Bremerton Boardwalk, and Illahee State Park Pier - Open. Daily limit of 2 salmon not more than one of which may be a chinook salmon.

     (8) Catch Record Card Area 11.

     (a) Open June 1 through June 30 - Daily limit of 2 salmon not more than one of which may be a chinook salmon.

     (b) Open July 1 until further notice - Daily limit of 2 salmon, release pink salmon.

     (c) Open May 1 until further notice while fishing from the Dash Point Dock, Point Defiance Boathouse Dock, Les Davis Pier, Des Moines Pier and the Redondo Pier - Daily limit of 2 salmon, not more than one of which may be a chinook salmon.

     (9) Catch Record Card Area 12:

     (a) Open July 1 until further notice waters south of Ayock Point - Daily limit of 4 salmon, not more than 2 of which may be a chinook salmon and release chum salmon.

     (10) Catch Record Card Area 13:

     (a) Open May 1 through June 30 - Daily limit of 2 salmon not more than one of which may be a chinook salmon.

     (b) Open July 1 until further notice - Daily limit of 2 salmon, release wild coho.

     (c) Open May 1 until further notice while fishing from the Fox Island Public Fishing Pier - Daily limit of 2 salmon, not more than one of which may be a chinook salmon, except release wild coho salmon starting July 1 until further notice.

     (11) In the above waters there are specified closures as provided for in WAC 220-56-128 and 220-56-195. Additionally, there are gear and area restrictions at Shilshole Bay, the Duwamish Waterway, Budd Inlet, Titlow Beach and the Elliott Bay, Les Davis, and Des Moines public fishing piers. See specific sections in chapter 220-56 WAC for salmon angling restrictions at these locations.

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