WSR 99-18-055

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 99-139-- Filed August 27, 1999, 2:37 p.m. , effective August 30, 1999, 12:01 a.m. ]

Date of Adoption: August 27, 1999.

Purpose: Personal use rules.

Citation of Existing Rules Affected by this Order: Amending WAC 220-57-160.

Statutory Authority for Adoption: RCW 75.08.080.

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 harvest of chinook salmon in the Buoy 10 area is projected to be much greater than preseason plans. The 1999 fall management agreement that was signed by the parties to U.S. v Oregon states that all non-Indian fisheries must remain under certain harvest limitations on listed Snake River wild fall chinook. The closure to chinook retention is necessary to remain within ESA limits, and to allow future fall chinook fisheries to occur above the estuary. Action is consistent with provisions of the ESA, the 1999 fall management agreement, and conforms Washington and Oregon regulations in concurrent waters. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: August 30, 1999, 12:01 a.m.

August 27, 1999

Jeff P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 220-57-16000T
Columbia River.

Notwithstanding the provisions of WAC 220-57-160:

(1) Effective 12:01 a.m. August 30, 1999 until further notice, it is unlawful to retain chinook in those waters of the Columbia River from the Buoy 10 line upstream to a line from the navigation light at Grays Point on the Washington bank through red buoy 44 to the navigation light at Tongue Point on the Oregon bank.

(2) Effective 12:01 a.m. August 30, 1999, it is unlawful to angle in the Columbia River between the Buoy 10 line and a line from Grays Point to Tongue Point while in possession of a chinook salmon.

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Washington State Code Reviser's Office