WSR 99-20-008

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 99-164-- Filed September 24, 1999, 9:29 a.m. , effective September 25, 1999, 12:01 a.m. ]

Date of Adoption: September 23, 1999.

Purpose: Personal use rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-57-25500F and 220-57-48000C; and amending WAC 220-57-255 and 220-57-480.

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 Toutle River Hatchery currently has coho in excess of escapement needs in its holding ponds. Based on run timing, hatchery escapement may exceed 10,000 coho. This action will provide a greater opportunity for the sport fishery to utilize the surplus coho. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 0, Repealed 2.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: September 25, 1999, 12:01 a.m.

September 23, 1999

Evan Jacoby

for Jeff P. Koenings

Director


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

Notwithstanding the provisions of WAC 220-57-255:

(1) Effective 12:01 a.m. September 25, 1999 through November 30, 1999, the daily bag limit shall be six fish of which four may be adult salmon, except release all chum and wild coho and no more than one adult chinook may be retained.

(2) Effective 12:01 a.m. October 1 through November 30, 1999 release all chinook greater than 28 inches in length.

(3) Closed waters: All tributaries, mainstem source downstream to 2800 Bridge, all waters within 100 feet above and 400 feet below the hatchery rack when installed and immediately through November 30, 1999 all waters within 400 feet of water intake at the upper end of the hatchery.

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NEW SECTION
WAC 220-57-48000C
Toutle River--North Fork.

Notwithstanding the provisions of WAC 220-57-480, in those waters of the North Fork Toutle River downstream from the posted deadline at the fish collection facility to the confluence with the South Fork Toutle River:

(1) Effective 12:01 a.m. September 25, 1999 through November 30, 1999, the daily bag limit shall be four adult salmon, except no more than one can be an adult chinook and release chum and wild coho through November 30, 1999.

(2) Effective 12:01 a.m. October 1 through November 30, 1999 release all chinook greater than 28 inches in length.

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REPEALER


The following sections of the Washington Administrative Code are repealed effective 11:59 p.m. November 30, 1999:


WAC 220-57-25500F Green River (Cowlitz County)
WAC 220-57-48000C Toutle River (North Fork)

Washington State Code Reviser's Office