WSR 99-07-006

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 99-14-- Filed March 5, 1999, 1:13 p.m. , effective March 11, 1999, 12:01 a.m. ]

Date of Adoption: March 3, 1999.

Purpose: Personal use rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-56-28500S and 232-28-61900D; and amending WAC 220-56-285, 220-57-160, and 232-28-619.

Statutory Authority for Adoption: RCW 75.08.080 and 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: Closes mainstem Columbia River to salmon, shad and steelhead fishing because of predicted poor returns of spring chinook salmon in 1999. The steelhead fishery during this time frame is incidental to the spring chinook fishery. The primary shad migration time frame does not begin until mid-May. These rules are consistent with actions of the joint Washington/Oregon state hearing on sport fisheries held on January 28, 1999. These rules will conform Washington and Oregon rules in concurrent waters of the Columbia River. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 3, Amended 0, Repealed 2.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 11, 1999, 12:01 a.m.

March 3, 1999

J. P. Koenings

Director


NEW SECTION
WAC 220-56-28500S
Shad - Areas and seasons

Notwithstanding the provisions of WAC 220-56-285 effective 12:01 a.m. March 11, 1999 through May 15, 1999 it is unlawful to take, fish for, or possess shad in those waters of the Columbia River from Bonneville Dam downstream to the mouth.

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REPEALER


The following section of the Washington Administrative Code is repealed effective 11:59 p.m. May 15, 1999:


WAC 220-56-28500SShad--Areas and seasons

NEW SECTION
WAC 220-57-16000R
Columbia River - Salmon season and areas

Notwithstanding the provisions of WAC 220-57-160 (7) (8) effective 12:01 a.m. March 11, 1999 until further notice it is unlawful to take, fish for, or possess salmon in the Columbia River from the Interstate 5 Bridge downstream to the mouth.

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NEW SECTION
WAC 232-28-61900D
Exceptions to statewide rules

Notwithstanding the provisions of WAC 232-28-619 effective 12:01 a.m. March 11, 1999 through March 31, 1999 it is unlawful to take, fish for, or possess steelhead in those waters of the Columbia River from Bonneville Dam downstream to the mouth.

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REPEALER


The following section of the Washington Administrative Code is repealed effective 11:59 p.m. March 31, 1999:


WAC 232-28-61900DExceptions to statewide rules

Washington State Code Reviser's Office