11-09-060

WSR 11-09-060

EXPEDITED RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Filed April 18, 2011, 3:08 p.m. ]

     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.

NOTICE

     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, [phone]; Implementation: James Scott, 1111 Washington Street S.E., Olympia, WA, [phone]; and Enforcement: Chief Bruce Bjork, 1111 Washington Street S.E., Olympia, WA, [phone].

     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

Lori Preuss

Rules Coordinator

OTS-3534.1

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.]

OTS-3535.2

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:

Water Body	County
Para-juvenile Lake	Adams
Quail Lake	Adams
Headgate Pond	Asotin
Columbia Park Pond	Benton
Blackbird Island Pond	Chelan
Lake Wenatchee	Chelan
Aldwell Lake	Clallam
Beaver Lake	Clallam
Carrie Blake Pond	Clallam
Dickey Lake	Clallam
Lake Pleasant	Clallam
Lincoln Pond	Clallam
Sutherland Lake	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
Dayton Pond	Columbia
Blue Lake	Cowlitz
Castle Lake	Cowlitz
Coldwater Lake	Cowlitz
Lewis River Power Canal	Cowlitz	Includes old Lewis River streambed between Swift No.1 powerhouse and Swift No. 2 powerhouse
Merrill Lake	Cowlitz
Silver Lake	Cowlitz
Grimes Lake	Douglas
Pit Lake	Douglas
Long Lake	Ferry
Beda Lake	Grant
Brookies Lakes	Grant
Dry Falls Lake	Grant
Dusty Lake	Grant
Homestead Lake	Grant
Lenice Lake	Grant
Lenore Lake	Grant
Merry Lake	Grant
Nunnally Lake	Grant
Ping Pond	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
Anderson Lake	Jefferson
Gibbs Lake	Jefferson
Horseshoe Lake	Jefferson
Teal Lake	Jefferson
Lake Sammamish	King
Lake Union	King
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
Mill Pond	King	Auburn
Old Fishing Hole Pond	King	Kent
Portage Bay	King
Rattlesnake Lake	King
Ravensdale Lake	King
Salmon Bay	King
Swans Mill Pond	King
Koeneman Lake	Kitsap	Formerly Fern Lake
Easton Lake	Kittitas
Kachess Lake	Kittitas
Keechelus Lake	Kittitas
Kiwanis Pond	Kittitas
Naneum Pond	Kittitas
Cowlitz Falls Reservoir	Lewis
Fort Borst Park Pond	Lewis
Mayfield Lake	Lewis	Mayfield Dam to Mossyrock Dam
Packwood Lake	Lewis
Scanewa Lake	Lewis	Cowlitz Falls Reservoir
Walupt Lake	Lewis
Willame Lake	Lewis
Coffeepot Lake	Lincoln
Cady Lake	Mason
Cushman Reservoir	Mason
Prices Lake	Mason
Stump Lake	Mason
Aeneas Lake	Okanogan
Big Twin Lake	Okanogan
Black Lake	Okanogan
Blue Lake	Okanogan	Near Wannacut Lake
Blue Lake	Okanogan	Sinlahekin Creek
Campbell Lake	Okanogan
Chopaka Lake	Okanogan
Cougar Lake	Okanogan	Lost River
Davis Lake	Okanogan
Ell Lake	Okanogan
Green Lake	Okanogan
Green Lake	Okanogan	Lower Green Lake
Hidden Lake	Okanogan	Lost River
Rat Lake	Okanogan
Silvernail Lake	Okanogan
Cases Pond	Pacific
Middle Nemah Pond	Pacific
Mooses Pond	Pacific
Owens Pond	Pacific
South Bend Mill Pond	Pacific
Browns Lake	Pend Oreille
Muskegon Lake	Pend Oreille
Bradley Lake	Pierce
De Coursey Pond	Pierce
Ohop Lake	Pierce
Tanwax Lake	Pierce
Wapato Lake	Pierce
Granite Lakes	Skagit	Near Marblemount
Northern State Hospital Pond	Skagit
Pass Lake	Skagit
Vogler Lake	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 ((dam to)) markers approximately ((1)) 3/8 mile below Eagle Cliff Bridge to bridge
Ebey Lake	Snohomish	Little Lake
Fortson Mill Pond #2	Snohomish
Jennings Park Pond	Snohomish
Monte Cristo Lake	Snohomish
North Gissburg Pond	Snohomish
Spada Lake	Snohomish
Amber Lake	Spokane
Bear Lake	Spokane
Medical Lake	Spokane
North Silver Lake	Spokane
Bayley Lake	Stevens
Lucky Duck Pond	Stevens
Mcdowell Lake	Stevens
Rigley Lake	Stevens
Kennedy Creek Pond	Thurston
Long's Pond	Thurston
Mclane Creek Ponds	Thurston
Munn Lake	Thurston
Jefferson Park Pond	Walla Walla
Lions Park Pond	Walla Walla	College Place
Diablo Lake	Whatcom
Gorge Lake	Whatcom
Lake Whatcom	Whatcom
Ross Lake	Whatcom
Squalicum Lake	Whatcom
Garfield Juvenile Pond	Whitman
Bumping Lake	Yakima
Clear Lake	Yakima
Leech Lake	Yakima	White Pass area
Mud Lake	Yakima
Myron Lake	Yakima
Rimrock Lake	Yakima
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.]

AMENDATORY SECTION(Amending Order 10-64, filed 3/19/10, effective 5/1/10)

WAC 220-55-230   Columbia River endorsement.   Anglers fifteen years of age or older must be in possession of a valid Columbia River endorsement to fish for salmon or steelhead in the following waters:

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

     Lacamas Creek

     Mill Creek mouth to hatchery road crossing culvert

     Olequa Creek

     Tilton River mouth to West Fork

     Tilton River, East Fork

     Tilton River, North Fork

     Tilton River, South Fork

     Tilton River, West Fork

     Mayfield Lake

     ((Riffe Lake))

     Lake Scanewa

     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

     Little Washougal

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.]

OTS-3537.1

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.]

OTS-3536.2

AMENDATORY SECTION(Amending Order 06-67, filed 4/11/06, effective 5/12/06)

WAC 220-56-270   Smelt -- Areas and seasons.   (1) ((Smelt)) 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.]