WSR 99-12-046

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 99-51-- Filed May 26, 1999, 4:25 p.m. ]

Date of Adoption: May 26, 1999.

Purpose: Personal use rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-57-17500P and 220-57-51500P; and amending WAC 220-57-175, 220-57-515, 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 salmon return to the Cowlitz River is significantly smaller than predicted preseason. The hatchery is not expected to achieve its escapement goal and this stock is designated as essential for recovery through ESA. The salmon return to the Wind River is significantly larger than predicted preseason. The hatchery is expected to achieve its escapement goal and this fishery is intended to harvest surplus hatchery spring chinook. This regulation will allow retention of hatchery steelhead and other game fish which may be caught during the salmon season adopted for the same area and time period. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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

May 26, 1999

Larry W. Peck

for Jeff P. Koenings

Director


NEW SECTION
WAC 220-57-17500Q
Cowlitz River

Notwithstanding the provisions of WAC 220-57-175, effective June 1 through July 31, 1999, it is unlawful to take, fish for or possess salmon in those waters of the Cowlitz River downstream from the Barrier Dam to the mouth.

[]


NEW SECTION
WAC 220-57-51500Q
Wind River

Notwithstanding the provisions of WAC 220-57-515, effective May 28 through July 31, 1999 it is unlawful to fish for salmon in those waters of the Wind River except as provided for in this section:

(1) Effective May 28 through June 15, 1999 special daily limit of two chinook salmon greater than 12 inches length in those waters of the Wind River from boundary line/markers at the mouth upstream to markers 400 feet below Shipperd Falls and from High Bridge upstream to lower boundary marker below Carson National Fish Hatchery. Night closure and non-buoyant lure restriction in effect May 28 through June 15.

[]


NEW SECTION
WAC 232-28-61900M
Exceptions to statewide rules-Wind River.

Notwithstanding the provisions of WAC 232-28-619, Wind River (Skamania County): Open May 28, through June 15, 1999, from the mouth upstream to markers 400 feet downstream from Shipperd Falls and from the High Bridge upstream to lower boundary marker below Carson National Fish Hatchery. Night closure and non-buoyant lure restriction during this fishery.

The area from 100 feet above the Shipperd Falls fish ladder upstream to the High bridge and the area upstream of the upper boundary marker at Carson National Fish Hatchery open June 1 as per the permanent regulations. Selective gear rules are in effect in these areas.

[]


REPEALER

The following section of the Washington Administrative Code is repealed effective 12:01 a.m. May 28, 1999:


WAC 220-57-51500PWind River. (99-58)

The following section of the Washington Administrative Code is repealed effective 12:01 a.m. June 1, 1999:


WAC 220-57-17500PCowlitz River. (99-58)

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


WAC 232-28-61900MExceptions to statewide rules.

The following sections of the Washington Administrative Code are repealed effective 11:59 p.m. July 31, 1999:


WAC 220-57-17500QCowlitz River.
WAC 220-57-51500QWind River.

Washington State Code Reviser's Office