WSR 98-06-035

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[Order 98-23--Filed February 26, 1998, 3:45 p.m., effective March 1, 1998, 12:01 a.m.]

Date of Adoption: February 25, 1998.

Purpose: Personal use rules.

Citation of Existing Rules Affected by this Order: Amending WAC 232-28-619.

Statutory Authority for Adoption: RCW 77.12.040.

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: This rule is consistent with the Humptulips River Steelhead Management 1997-1998 Plan as agreed to with the Quinault Indian Nation. This rule is also consistent with the management intent for the Chehalis Basin although formal agreement on a management plan has not been reached with the Quinault Indian Nation. The management plan/intent included provisions to minimize wild steelhead impacts because the expected numbers of wild winter steelhead returning to Grays Harbor tributaries are below spawning escapement needs with no wild fish available for harvest. There is insufficient time to promulgate permanent rules.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 1, amended 0, repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.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: March 1, 1998, 12:01 a.m.

February 25, 1998

Bern Shanks

Director

NEW SECTION

WAC 232-28-61900D Washington game fish seasons and limits regional regulation exceptions. Notwithstanding the provisions of WAC 232-28-619, effective 12:01 a.m. March 1, 1998 until further notice:

(1) The Humptulips River, East Fork, West Fork and tributaries are closed to fishing.

(2) Wild steelhead release is required beginning immediately until further notice in the following waters during all open seasons:

(a) Cloquallum Creek, from mouth to second bridge on Cloquallum Road.

(b) Elk River, from the Highway 105 bridge upstream.

(c) Hoquiam River (includes all forks)

(d) Johns River (includes North, South Forks)

(e) Wishkah River, from mouth to Cedar Creek.

(f) Wynoochee River, from mouth to 7400 line bridge above the mouth of the Shafer Creek

[]

REPEALER

The following section of the Washington Administrative Code is repealed effective 12:01 a.m. March 1, 1998: