WSR 99-23-026

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 99-199 -- Filed November 9, 1999, 4:29 p.m. , effective November 11, 1999, 12:01 a.m. ]

Date of Adoption: November 9, 1999.

Purpose: Personal use rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-57-23500J and 220-57-47300A; and amending WAC 220-57-235 and 220-57-473.

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 Elochoman Hatchery has achieved its escapement needs. This action will provide a greater opportunity for the sport fishery to utilize the surplus coho. Wild coho adults (adipose fins intact) originating from the Tilton River are being trapped at the Cowlitz River barrier dam and are being trucked and released back into the Tilton River to restore natural production. This regulation will protect those fish from harvest. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 0, Repealed 2.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: November 11, 1999, 12:01 a.m.

November 9, 1999

Jeff P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 220-57-23500J
Elochoman River.

Notwithstanding the provisions of WAC 220-57-235, effective 12:01 a.m. November 11, 1999 through December 31, 1999;

(1) Downstream of the West Fork Elochoman, the daily limit is six salmon of which four may be adults except release all chum and wild coho. Release chinook greater than 28 inches in length downstream from the West Fork Elochoman to the Foster (Risk) Road Bridge.

(2) The following waters are closed to salmon angling at all times;

(a) From 100 feet above the upper hatchery rack to the Elochoman Hatchery Bridge located 400 feet below the upper hatchery rack;

(b) From a point 50 feet above to 100 feet below the outlet pipes from the most downstream Elochoman Hatchery rearing pond and extending 30 feet out from the south bank of the river;

(c) From the West Fork Elochoman upstream.

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NEW SECTION
WAC 220-57-47300A
Tilton River.

Notwithstanding the provisions of WAC 220-57-473, effective 12:01 a.m. November 11, 1999 through December 31, 1999 wild coho must be released in those waters downstream from the West Fork of the Tilton River.

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REPEALER


The following sections of the Washington Administrative Code are repealed effective 12:01 a.m. January 1, 2000:


WAC 220-57-23500J Elochoman River.
WAC 220-57-47300A Tilton River.

Washington State Code Reviser's Office