WSR 99-12-002

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 99-45-- Filed May 19, 1999, 1:38 p.m. ]

Date of Adoption: May 14, 1999.

Purpose: Personal use rules.

Citation of Existing Rules Affected by this Order: Amending WAC 220-56-128, 220-56-285, 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: The United States Army Corps of Engineers has requested an extension of the boat restricted zone downstream from Bonneville Dam due to the construction of a new juvenile salmonid bypass system in the affected area. The outfall of the new bypass system presents a hazard to navigation in the affected waters. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 3, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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

May 14, 1999

Evan Jacoby

for Jeff P. Koenings

Director


NEW SECTION
WAC 220-56-12800B
Food fish fishing--Closed areas.

Notwithstanding the provisions of WAC 220-56-128, effective immediately until further notice, it is unlawful to fish for or possess food fish taken from the following areas:

(1) Those waters of the Columbia River between boundary markers 600 feet below the fish ladders at Bonneville Dam and a line beginning at a sign on the westernmost tip of Robins Island on the Oregon side of the river to a sign located approximately 50 feet upstream of the Hamilton Island boat ramp on the Washington shore are closed to angling from a boat at all times.

(2) Those waters of the Columbia River inside the south navigation lock at Bonneville Dam from a marker on the westernmost point of Robins Island to a marker on the Oregon mainland shore are closed to angling at all times.

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NEW SECTION
WAC 220-56-28500T
Shad and sturgeon--Areas and seasons.

Notwithstanding the provisions of WAC 220-56-285, effective immediately until further notice, it is unlawful take or possess sturgeon taken for personal use in those waters of the Columbia River between Bonneville Dam and the downstream end of the boat closure zone defined in WAC 220-56-12800B, except from the mainland shore using hand-casted hook and line gear between a boundary marker on the Washington shore approximately 3/4 mile below the dam downstream to where the boat closure zone boundary intersects with the shore.

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NEW SECTION
WAC 232-28-61900I
Exceptions to state-wide gamefish rules.

Notwithstanding the provisions of WAC 232-28-619, effective immediately until further notice:

(1) Those waters of the Columbia River between boundary markers 600 feet below the fish ladders at Bonneville Dam and a line beginning at a sign on the westernmost tip of Robins Island on the Oregon side of the river to a sign located approximately 50 feet upstream of the Hamilton Island boat ramp on the Washington shore are closed to angling from a boat at all times.

(2) Those waters of the Columbia River inside the south navigation lock at Bonneville Dam from a marker on the westernmost point of Robins Island to a marker on the Oregon mainland shore are closed to angling at all times.

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Washington State Code Reviser's Office