WSR 99-20-044

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 99-173-- Filed September 29, 1999, 4:02 p.m. , effective September 30, 1999, 12:01 a.m. ]

Date of Adoption: September 29, 1999.

Purpose: Personal use rules.

Citation of Existing Rules Affected by this Order: Amending WAC 220-57-120, 220-57-335, 220-57-340, 220-57-342, 220-57-355, 220-57-365, 220-57-440, and 220-57-510.

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: This regulation is needed because of lower than anticipated return of chinook salmon to Willapa Bay and its tributaries. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 8, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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

September 29, 1999

Evan Jacoby

for Jeff P. Koenings

Director


NEW SECTION
WAC 220-57-12000A
Bear River.

Notwithstanding the provisions of WAC 220-57-120, effective 12:01 a.m. September 30, 1999 until further notice it is unlawful to retain adult chinook salmon in those waters of Bear River from the mouth (Highway 101 Bridge) to Lime Quarry Road.

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NEW SECTION
WAC 220-57-33500B
Naselle River.

Notwithstanding the provisions of WAC 220-57-335:

(1) Effective 12:01 a.m. September 30, 1999 until further notice it is unlawful to retain adult chinook salmon in those waters of the Naselle River from the Highway 101 Bridge to the Highway 4 Bridge.

(2) Effective 12:01 a.m. October 16, 1999 until further notice it is unlawful to retain adult chinook salmon in those waters of the Naselle River from the Highway 4 Bridge to the Crown Mainline (Salme) Bridge.

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NEW SECTION
WAC 220-57-34000J
Nemah River.

Notwithstanding the provisions of WAC 220-57-340:

(1) Effective 12:01 a.m. September 30, 1999 until further notice it is unlawful to retain adult chinook salmon in those waters of the Middle Nemah River from the mouth upstream to the Department of Natural Resources Bridge on Middle Nemah A-Line Road.

(2) Effective 12:01 a.m. September 30, 1999 until further notice it is unlawful to retain adult chinook salmon in those waters of the South Nemah River from the mouth to the confluence with the Middle Nemah.

(3) Effective 12:01 a.m. October 1, 1999 until further notice it is unlawful to retain adult chinook salmon in those waters of the North Nemah River from the Highway 101 Bridge upstream to the lower bridge on the dead end lower Nemah Road.

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NEW SECTION
WAC 220-57-34200B
Niawiakum River.

Notwithstanding the provisions of WAC 220-57-342, effective 12:01 a.m. September 30, 1999 until further notice it is unlawful to retain adult chinook salmon in those waters of the Niawiakum River from Highway 101 Bridge to the Couth Bend/Palix Road Bridge.

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Reviser's note: The spelling 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.
NEW SECTION
WAC 220-57-35500B
North River.

Notwithstanding the provisions of WAC 220-57-355, effective 12:01 a.m. September 30, 1999 until further notice it is unlawful to retain adult chinook salmon in those waters of the North River from Highway 105 Bridge to Salmon Creek.

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NEW SECTION
WAC 220-57-36500B
Palix River.

Notwithstanding the provisions of WAC 220-57-365, effective 12:01 a.m. September 30, 1999 until further notice it is unlawful to retain adult chinook salmon in those waters of the Palix River from Highway 101 Bridge to the confluence of the South and Middle Forks.

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NEW SECTION
WAC 220-57-44000B
Smith Creek.

Notwithstanding the provisions of WAC 220-57-440, effective 12:01 a.m. September 30, 1999 until further notice it is unlawful to retain adult chinook salmon in those waters of Smith Creek from the mouth to the Highway 101 Bridge.

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NEW SECTION
WAC 220-57-51000B
Willapa River.

Notwithstanding the provisions of WAC 220-57-510:

(1) Effective 12:01 a.m. September 30, 1999 until further notice it is unlawful to retain adult chinook salmon in those waters of the Willapa River from the mouth (Department of Fish and Wildlife boat launch in South Bend) to the Highway 6 Bridge (approximately two miles below the mouth of Trap Creek.

(2) Effective 12:01 a.m. October 16, 1999 until further notice it is unlawful to retain adult chinook salmon in those waters of the Willapa River from Highway 6 Bridge to Fork Creek.

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Washington State Code Reviser's Office