WSR 99-12-044

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 99-67-- Filed May 26, 1999, 4:21 p.m. ]

Date of Adoption: May 25, 1999.

Purpose: Personal use rules.

Citation of Existing Rules Affected by this Order: Repealing sections shown below; and amending WAC 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 77.12.040.

Under RCW 34.05.350 the agency for good cause finds that state or federal law or federal rule or a federal deadline for state receipt of federal funds requires immediate adoption of a rule.

Reasons for this Finding: These rules implement the recommendations of the North of Falcon process of the Pacific Fisheries Management Council. They provide for a fishery in the Green, Klickitat, Lewis and White Salmon rivers on available stocks, but keep the Kalama River closed for spring chinook protection. These rules are temporary until the permanent rules take effect on July 17, 1999.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 6, Amended 0, Repealed 19.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 25, 1999

Larry W. Peck

for Jeff P. Koenings

Director


NEW SECTION
WAC 220-57-25500E
Green River.

Notwithstanding the provisions of WAC 220-57-255:

(1) Effective immediately through May 31, 1999, Daily Limit A downstream from 400 feet below the Green River Hatchery upper water intake.

(2) Effective June 1, 1999, until further notice, Daily Limit A.

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NEW SECTION
WAC 220-57-31000B
Kalama River.

Notwithstanding the provisions of WAC 220-57-310, effective immediately until 11:59 p.m., July 31, 1999, it is unlawful to fish for or possess salmon taken from the Kalama River.

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NEW SECTION
WAC 220-57-31500I
Klickitat River.

Notwithstanding the provisions of WAC 220-57-315:

(1) Effective immediately through May 31, 1999, special daily limit of one salmon or one hatchery steelhead, minimum size twelve inches. Cumulative limit of two daily limits in any combination April 1 through May 31. Open Wednesdays and Saturdays only.

(2) Effective June 1, 1999, until further notice:

(a) Daily limit A, from Fisher Hill Bridge downstream to mouth.

(b) Daily limit C, from boundary markers at the downstream end of the Klickitat Salmon Hatchery downstream to 400 feet upstream from No. 5 fishway.

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NEW SECTION
WAC 220-57-31900V
Lewis River.

Notwithstanding the provisions of WAC 220-57-319:

(1) Mainstem: Effective immediately until further notice, Special Daily Limit of 1 salmon downstream from East Fork to mouth.

(2) North Fork: Effective immediately until further notice, Special Daily Limit of 1 salmon downstream from Colvin Creek to mouth. Bank fishing only downstream from Colvin Creek to Johnson Creek.

(3) Cumulative limit of 5 salmon in the Lewis River and all forks, April 1 through July 31, 1999.

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NEW SECTION
WAC 220-57-50500E
White Salmon River.

Notwithstanding the provisions of WAC 220-57-505, effective immediately through July 31, 1999, Special Daily Limit of one salmon or one hatchery steelhead, minimum size twelve inches.

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NEW SECTION
WAC 232-28-61900K
Exceptions to statewide rules.

Notwithstanding the provisions of WAC 232-28-619:

(1) Klickitat River (Klickitat County) - From mouth upstream to Fisher Hill Bridge - Open immediately through May 31, 1999,.Wednesdays and Saturdays only. Trout: Daily limit 1 hatchery fish, 20 inches minimum length. Daily limit is either one trout or one salmon greater than 12 inches in length. Cumulative limit of two daily limits during period April 1 through May 31, 1999.

(2) White Salmon (Klickitat/Skamania Counties) - (a) From mouth upstream to powerhouse - Open immediately through July 31, 1999. Trout: Daily limit 1 hatchery fish, 20 inches minimum length. Daily limit is either one trout or one salmon greater than 12 inches in length.

(b) From powerhouse upstream to 400 feet below Condit Dam - Open immediately through June 15, 1999. Trout: Daily limit 1 hatchery fish, 20 inches minimum length. Daily limit is either one trout or one salmon greater than 12 inches in length. Closed waters June 16, 1999, until further notice.

(3) Effective immediately 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.

(4) Effective immediately 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. Effective immediately until further notice, bank fishing only upstream from Johnson Creek to Colvin Creek.

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Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
REPEALER

     The following sections of the Washington Administrative Code are repealed:
WAC 220-57-17500NCowlitz River. (99-23)
WAC 220-57-18700BDeep River. (99-23)
WAC 220-57-25500CGreen River. (Cowlitz County). (99-23)
WAC 220-57-25500DGreen River. (Cowlitz County) (99-58)
WAC 220-57-31000AKalama River. (99-23)
WAC 220-57-315Klickitat River. (99-23)
WAC 220-57-31500HKlickitat River. (99-58)
WAC 220-57-31900TLewis River. (99-23)
WAC 220-57-31900ULewis River (99-58)
WAC 220-57-50500CWhite Salmon River (99-23)
WAC 220-57-50500DWhite Salmon River. (99-58)
WAC 232-28-61900E Exceptions to statewide rules. (99-23)
WAC 232-28-61900GExceptions to statewide rules. (99-58)

The following sections of the Washington Administrative Code are repealed July 17, 1999:


WAC 220-57-25500EGreen River.
WAC 220-57-31000BKalama River
WAC 220-57-31500I Klickitat River
WAC 220-57-31900VLewis River.
WAC 220-57-50500EWhite Salmon River.
WAC 232-28-61900K Exceptions to statewide rules.

Washington State Code Reviser's Office