WSR 01-11-066

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 01-82 -- Filed May 11, 2001, 3:33 p.m. , effective May 5, 2001, 12:01 a.m. ]

Date of Adoption: May 11, 2001.

Purpose: Amend personal use fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-61900X, 232-28-61900E, 220-24-02000Q, 220-24-02000R; and amending WAC 232-28-619.

Statutory Authority for Adoption: RCW 77.12.047.

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 fishery targets primarily spring chinook returning to Ringold Hatchery, however, a number of ESA-listed Upper Columbia wild spring chinook are also harvested each year. ESA coverage of these impacts is part of a package of spring chinook fisheries that are covered in the multi-year management agreement for upriver spring chinook that was signed earlier this year by the states of Washington and Oregon, the Columbia River treaty tribes, and the National Marine Fisheries Service. This fishery is projected to meet or exceed the allowable ESA impacts by May 15, 2001. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 4.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: May 15, 2001, 12:01 a.m.

May 11, 2001

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 232-28-61900E   Exceptions to statewide rules -- Columbia River.   Notwithstanding the provisions of WAC 232-28-619:

     (1) Effective 12:01 a.m. May 15, 2001 through July 31, 2001, it is unlawful to retain salmon in those waters of the Columbia River adjacent to Ringold Hatchery (in Franklin County north of Pasco) from the WDFW markers 1/4 mile downstream of the Ringold irrigation wasteway outlet to the markers 1/2 mile upstream of Spring (hatchery outlet) while fishing from the bank.

     (2) Effective 12:01 a.m. May 15, 2001 through July 31, 2001, it is unlawful to retain steelhead in those waters of the Columbia River adjacent to Ringold Hatchery (in Franklin County north of Pasco) from the WDFW markers 1/4 mile downstream of the Ringold irrigation wasteway outlet to the markers 1/2 mile upstream of Spring (hatchery outlet).

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REPEALER

     The following section of the Washington Administrative Code is repealed effective 12:01 a.m. May 15, 2001:


WAC 232-28-61900X Exceptions to statewide rules -- Columbia River. (01-49)

     The following section of the Washington Administrative Code is repealed effective 12:01 a.m. August 1, 2001:


WAC 232-28-61900E Exceptions to statewide rules -- Columbia River.

     The following section of the Washington Administrative Code is repealed:


WAC 220-24-02000Q Commercial salmon troll. (01-70)

     The following section of the Washington Administrative Code is repealed effective 12:01 a.m. July 1, 2001:


WAC 220-24-02000R Commercial salmon troll.

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