WSR 99-08-046

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 99-23-- Filed March 31, 1999, 4:54 p.m. , effective April 1, 1999, 12:01 a.m. ]

Date of Adoption: March 31, 1999.

Purpose: Personal use rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-61900E; and amending WAC 220-57-175, 220-57-187, 220-57-255, 220-57-310, 220-57-315, 220-57-319, 220-57-505, and 232-28-619.

Statutory Authority for Adoption: RCW 75.08.080 and 75.12.040.

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: Modifies spring chinook sport fisheries on several tributaries and closes the Kalama River for spring chinook. Projected returns of spring chinook to the Cowlitz, Lewis, and Klickitat rivers will not achieve hatchery escapement needs with standard sport fisheries. Projected returns of spring chinook to the Kalama River will not achieve hatchery escapement needs with any sport fishery. There is insufficient time to promulgate permanent regulations.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 8, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: April 1, 1999, 12:01 a.m.

March 31, 1999

Evan Jacoby

for Jeff P. Koenings

Director


NEW SECTION
WAC 220-57-17500N
Cowlitz River

Notwithstanding the provisions of WAC 220-57-175, effective April 1, 1999 until further notice, it is unlawful to take, fish for or possess salmon in those waters of the Cowlitz River except in the following areas and times:

Area: Downstream from 400 feet below the Barrier Dam at the Cowlitz Hatchery to the mouth. Bank fishing only on the north side of the river from 400 feet below the Barrier Dam to Mill Creek (the south side of the river will be closed in this area to all angling).

Daily Limit: one salmon per day

Season Limit: A total of five salmon may be harvested per angler during the months of April through July 29, 1999.

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NEW SECTION
WAC 220-57-18700B
Deep River

Notwithstanding the provisions of WAC 220-57-187, effective June 1, 1999 until further notice, it is unlawful to take, fish for or possess salmon in those waters of the Deep River except in the following areas and times:

Area: Downstream from the town bridge to the mouth

Daily Limit: Six jack salmon (minimum size: 12 inches maximum size: 24 inches) per day

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NEW SECTION
WAC 220-57-25500C
Green River (Cowlitz County)

Notwithstanding the provisions of WAC 220-57-255, effective April 1, 1999 until further notice, it is unlawful to take, fish for or possess salmon in those waters of the Green River except in the following areas and times:

1.Area: From 400 feet below the hatchery intake to the mouth.
Dates: From April 1, 1999 through May 31, 1999
Daily limit: Six salmon, not more than two adults.
2.Area: From the 2800 Road Bridge to the mouth.
Dates: From June 1, 1999 until further notice.
Daily limit: Six salmon, not more than two adults.

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NEW SECTION
WAC 220-57-31000A
Kalama River

Notwithstanding the provisions of WAC 220-57-310, effective April 1, 1999 until further notice, it is unlawful to take, fish for, or possess salmon in those waters of the Kalama River.

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NEW SECTION
WAC 220-57-31500G
Klickitat River

Notwithstanding the provisions of WAC 220-57-315, effective April 3, 1999 through May 29, 1999, it is unlawful to take, fish for or possess salmon in those waters of the Klickitat River except in the following areas and times:

Area: Downstream from Fisher Hill Bridge to the mouth.

Times: Wednesdays and Saturdays only

Daily Limit: one salmonid per day (one salmon or one hatchery steelhead)

Season Limit: A total of two salmonids may be harvested per angler during the months of April through May, 1999.

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NEW SECTION
WAC 220-57-31900T
Lewis River

Notwithstanding the provisions of WAC 220-57-319, effective April 1, 1999 until further notice, it is unlawful to take, fish for or possess salmon in those waters of the Lewis River except in the following areas and times:

Area: Downstream from Colvin Creek to the mouth. Bank fishing only from Colvin Creek downstream to Johnson Creek.

Daily Limit: one salmon per day

Season Limit: A total of five salmon may be harvested per angler during the months of April through July 29, 1999.

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NEW SECTION
WAC 220-57-50500C
White Salmon River

Notwithstanding the provisions of WAC 220-57-505, effective April 1, 1999 until further notice, it is unlawful to take, fish for or possess salmon in those waters of the White Salmon River except in the following areas and times:

Area: From 400 feet downstream from Condit Dam (Northwestern Dam) to the mouth. (Powerhouse to Condit Dam is closed from June 16 through November 15 as per permanent regulation).

Daily Limit: one salmon or one hatchery steelhead per day

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

Notwithstanding the provisions of WAC 232-28-619, it is unlawful to take, fish for or possess the following species taken from the following waters during the periods provided for herein:

1.Effective April 1 through June 15, 1999, it is unlawful to fish for gamefish from the south side of the Cowlitz River in those waters downstream from the Barrier Dam to a line from the mouth of Mill Creek to a boundary marker on the opposite shore.
2.Effective April 1 through June 15, 1999, it is unlawful to fish for gamefish in the waters of the North Fork Lewis River from Colvin Creek upstream to Merwin Dam.
3.Effective April 3 through May 29, 1999, it is lawful to fish for steelhead in the waters of the Klickitat River from the mouth upstream to the Fisher Hill Bridge. Daily limit: one salmonid (salmon or hatchery steelhead). Special season limit of two salmonids between April 3 and May 29, 1999.
4.Effective April 1 through June 1, 1999, it is lawful to fish for steelhead in the waters of the White Salmon River from the mouth upstream to the Condit Dam. Daily limit: one salmon or hatchery steelhead, hatchery steelhead to be included as part of trout daily limit.

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REPEALER

The following section of the Washington Administrative Code is hereby repealed effective 12:01 a.m. June 16, 1999:

WAC 232-28-61900EExceptions to statewide rules.

Washington State Code Reviser's Office