WSR 06-10-028

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 06-85 -- Filed April 27, 2006, 11:23 a.m. , effective May 1, 2006 ]


     Effective Date of Rule: May 1, 2006.

     Purpose: Amend personal use fishing rules.

     Citation of Existing Rules Affected by this Order: Amending WAC 220-56-180, 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 5, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 27, 2006.

Evan Jacoby

for Jeff Koenings

Director


NEW SECTION
WAC 220-56-18000F   Statewide salmon rules -- 2006 North of Falcon.   Notwithstanding the provisions of WAC 232-28-620, in Area 2-1 from the opening date of adjacent ocean waters through July 31, chinook salmon must be not less than 24 inches in length, coho salmon must be not less than 16 inches, but there is no minimum size on other salmon. Effective August 1 through August 15, the minimum size for all salmon is 12 inches in length, except no minimum size for Atlantic salmon.

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NEW SECTION
WAC 220-56-19500Q   Closed saltwater salmon areas -- 2006 North of Falcon.   Notwithstanding the provisions of WAC 220-56-195: Commencement Bay: 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 June 1 through August 11.

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NEW SECTION
WAC 232-28-61900X   Exceptions to statewide rules -- 2006 North of Falcon.   Notwithstanding the provisions of WAC 232-28-619, effective May 1, 2006 it is unlawful to violate the following provisions, provided that unless otherwise amended all permanent rules remain in effect:

     (1) Baker River (Skagit Co.): Mouth to Highway 20 Bridge: Salmon: Open only July 1 through July 31, except closed from 12:01 a.m. July 6 through 2:00 p.m. July 7, and from 12:01 a.m. July 10 through 2:00 p.m. July 11. Nonbuoyant lure restriction and night closure. Daily limit 2 sockeye only.

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

     (3) Bogachiel River (Clallam Co.), from mouth to Olympic National Park boundary: Salmon: Open July 1 until further notice, from mouth to Highway 101 Bridge. Daily limit 6 fish of which no more than 2 may be adult salmon. Release wild adult coho and wild adult chinook.

     (4) Calawah River (Clallam Co.), from mouth to forks: Salmon: Open July 1 until further notice from mouth to Highway 101 Bridge. Daily limit 6 fish of which no more than 2 may be adult salmon. Release wild adult coho and wild adult chinook.

     (5) Cascade River (Skagit Co.), from the mouth to the Rockport-Cascade Road Bridge: Nonbuoyant lure restriction and night closure June 1 through July 9. Salmon: Open June 1 through July 9. Daily limit 2 hatchery chinook only.

     (6) Dickey River (includes all forks) (Clallam Co.): Salmon: Open July 1 until further notice, from mouth to East Fork Dickey, including Olympic National Park. Daily limit 6 fish of which no more than 2 may be adult salmon. Release wild adult coho and wild adult chinook.

     (7) Elwha River (Clallam Co.), from mouth to Aldwell Lake Dam: Closed to all fishing until further notice.

     (8) Nemah River, North Fork (Pacific Co.): Closed to all fishing August 1 until further notice.

     (9) Nisqually River (Pierce Co.):

     (a) from mouth to Military Tank Crossing Bridge: Salmon: Open July 1 until further notice. Daily limit 6 fish of which no more than 2 may be adult salmon, release wild adult chinook.

     (b) from Military Tank Crossing Bridge to four hundred feet below LaGrande Powerhouse: Nonbuoyant lure restriction and night closure August 1 until further notice.

     (10) Nooksack River, South Fork (Skagit/Whatcom Co.): from Saxon Road Bridge to Skookum Creek: Closed to all fishing July 1 until further notice.

     (11) Puyallup River (Pierce Co.): Salmon: Closed until further notice.

     (12) Quilcene River. (Jefferson Co.): From Rodgers Street to Highway 101: Selective gear rules June 1 through August 15 and night closure August 16 until further notice. August 16 until further notice, only 1 single point barbless hook may be used. Salmon: Open only August 16 until further notice. Daily limit 4 coho. Only salmon hooked inside the mouth may be retained.

     (13) Quillayute River (Clallam Co.): Salmon: Open immediately until further notice. Daily limit 6 fish of which no more than 2 may be adult salmon. Release wild adult coho and wild adult chinook.

     (14) Skagit River (Skagit/Whatcom Co.):

     (a) From the mouth to mouth of Gilligan Creek -- Salmon: Closed until further notice.

     (b) From the Dalles Bridge at Concrete to a line projected across the river at a point 200' upstream of the east bank of the Baker River -- Salmon: Open July 1 through July 31, except closed from 12:01 a.m. July 6 through 2:00 p.m. July 7, and from 12:01 a.m. July 10 through 2:00 p.m. July 11. Daily limit 2 sockeye only.

     (c) From the Highway 530 Bridge at Rockport to Cascade River -- Nonbuoyant lure restriction and night closure June 1 until further notice. Salmon: Open June 1 through July 9. Daily limit 2 hatchery chinook only.

     (15) Skokomish River (Mason Co.), mouth to Highway 101 Bridge: August 1 until further notice, terminal gear (hooks, weights, lures, or baits) and line must not be within 25' of tribal gillnets.

     (16) Skykomish River (Snohomish Co.):

     (a) From Lewis Street Bridge in Monroe to Wallace River -- Salmon: Open June 1 through July 31. Daily limit 2 hatchery chinook only.

     (b) From mouth to Lewis Street Bridge in Monroe -- Salmon: Closed until further notice.

     (17) Snohomish River (Snohomish Co.), including all channels, sloughs, and interconnected waterways, but excluding all tributaries: Salmon: Closed until further notice.

     (18) Sol Duc River (Clallam Co.): Salmon: Open immediately until further notice from mouth to concrete pump station. Daily limit 6 fish of which no more than 2 may be adult salmon. Release wild adult coho and wild adult chinook.

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NEW SECTION
WAC 232-28-62000F   Coastal salmon seasons -- 2006 North of Falcon.   Notwithstanding the provisions of WAC 232-28-620, effective May 1, 2006 until further notice, it is unlawful to fish for salmon in coastal waters except as provided in this section, provided that unless otherwise amended all permanent rules remain in effect:

     (1) Area 1 - Open July 3 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.

     (2) Areas 2, 2-1, and 2-2:

     (a) Area 2 - Open July 3 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 3 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.

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

     (i) Open July 3 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 June 30 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.

     (4) Area 4:

     (a) Open June 30 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 1 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.

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NEW SECTION
WAC 232-28-62100T   Puget Sound salmon seasons -- 2006 North of Falcon.   Notwithstanding the provisions of WAC 232-28-621, WAC 220-56-128 and WAC 220-56-195, effective May 1, 2006 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 July 1 until further notice - Daily limit 2 salmon, except release chum, wild chinook, and wild coho.

     (2) Area 6 - Open July 1 until further notice - Daily limit 2 salmon, 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.

     (3) Area 7 - Open July 1 until further notice, daily limit 2 salmon, not more than one of which may be a chinook salmon, and effective beginning August 1 release chum and wild coho.

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

     (5) Area 8-2:

     (a) Effective June 2 through June 16 and June 18 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.

     (b) Effective August 1 until further notice - All other waters of Area 8-2 open. Daily limit 2 salmon, 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.

     (b) Effective July 16 until further notice - All other waters of Area 9 open. Daily limit 2 salmon, 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.

     (b) Effective June 1 through June 30, closed, except open north of a line from Meadow Point to Point Monroe, release all salmon.

     (c) Effective July 1 until further notice, all other waters of Area 10 open with the following area rules, limits, and species restrictions - Daily limit 2 salmon, except release chinook and effective beginning August 1, release chum.

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

     (ii) 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 chinook, and effective August 1, release chum.

     (iii) During the period July 1 through August 31, Elliott Bay east of a line from West Point to Alki Point is closed, except July 14 through August 20 - Open east of a line from Pier 91 to Duwamish Head Friday through Sunday of each week - Daily limit of 2 salmon, lawful to retain chinook, and release chum August 1 through August 20.

     (iv) Terminal gear in waters of the East Duwamish Waterway between a line projected east along the path of SW Hanford Street on Harbor Island and a line projected east from the south tip of Harbor Island is restricted to bait suspended above the bottom from a float.

     (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.

     (b) Effective June 1 until further notice - All other waters of Area 11 open. Daily limit 2 salmon. 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 June 1 through August 11.

     (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 beginning July 1, release wild coho.

     (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.

     (ii) July 1 until further notice - Daily limit 2 salmon, except release wild coho.

     (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.

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