WSR 99-22-049

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 99-192-- Filed October 29, 1999, 3:14 p.m. , effective October 30, 1999, 12:01 a.m. ]

Date of Adoption: October 29, 1999.

Purpose: Personal use rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-57-12000A, 220-57-33500B, 220-57-34000J, 220-57-34200B, 220-57-35500B, 220-57-36500B, 220-57-44000B and 220-57-51000B; and 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 and chum 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 8, Amended 0, Repealed 8.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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

October 29, 1999

J. P. Koenings

Director


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

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

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

Notwithstanding the provisions of WAC 220-57-335:

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

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

Notwithstanding the provisions of WAC 220-57-340:

(1) Effective 12:01 a.m. October 30, 1999 until further notice it is unlawful to retain adult chinook and chum 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. October 30, 1999 until further notice it is unlawful to retain adult chinook and chum 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 30, 1999 until further notice it is unlawful to retain adult chinook and chum 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 220-57-34200C
Niawiakum River.

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

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NEW SECTION
WAC 220-57-35500C
North River.

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

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

Notwithstanding the provisions of WAC 220-57-365, effective 12:01 a.m. October 30, 1999 until further notice it is unlawful to retain adult chinook and chum 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 220-57-44000C
Smith Creek.

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

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

Notwithstanding the provisions of WAC 220-57-510:

(1) Effective 12:01 a.m. October 30, 1999 until further notice it is unlawful to retain adult chinook and chum salmon in those waters of the Willapa River from the mouth (Department of Fish and Wildlife boat launch in South Bend) to Fork Creek.

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REPEALER


The following section of the Washington Administrative Code is repealed effective 11:59 p.m. October 29, 1999:


WAC 220-57-12000A Bear River. (99-173)
WAC 220-57-33500B Naselle River. (99-173)
WAC 220-57-34000J Nemah River. (99-173)
WAC 220-57-34200B Niawiakum River (99-173)
WAC 220-57-35500B North River. (99-173)
WAC 220-57-36500B Palix River. (99-173)
WAC 220-57-44000B Smith Creek. (99-173)
WAC 220-57-51000B Willapa River. (99-173)

Washington State Code Reviser's Office