WSR 02-05-010

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 02-31 -- Filed February 8, 2002, 3:14 p.m. , effective March 16, 2002, 12:01 a.m. ]

     Date of Adoption: February 8, 2002.

     Purpose: Amend personal use rules.

     Citation of Existing Rules Affected by this Order: Amending WAC 220-56-285 and 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: A management agreement for spring chinook was signed in 2001 that will allow for selective fishing for adipose fin-clipped (hatchery) spring chinook in the Columbia River, while minimizing impacts to protected fish. Shad fishery is open concurrent with on-going salmon fisheries. 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: March 16, 2002, 12:01 a.m.

February 8, 2002

Evan Jacoby

for Jeff Koenings

Director


NEW SECTION
WAC 220-56-28500B   Shad -- Areas and seasons.   Notwithstanding the provisions of WAC 220-56-285, effective 12:01 a.m. April 1, 2002 through May 15, 2002 until further notice, it is lawful to take, fish for, or possess shad in those waters of the Columbia River downstream from Bonneville Dam.

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

     (1) Effective 12:01 a.m. March 16, 2002 until further notice, it is lawful to possess adipose fin-clipped spring chinook in those areas listed below.

     Areas: a) Those waters of the Columbia River from the I-5 Bridge upstream to 600 feet below the fish ladder at Bonneville Dam,

     b) The Dalles Reservoir,

     c) John Day Reservoir,

     Daily limit: a) Six chinook, no more than two of which may be adults, and all of which must be adipose fin-clipped, minimum size 12 inches in length.

     (2) Effective April 1, 2002 until further notice it is lawful to fish for and possess trout in those waters of the Columbia River from Bonneville Dam to Buoy 10 and The Dalles and John Day Pools. Daily limit two trout minimum size 12 inches in length. Release wild steelhead. Release wild cutthroat below Bonneville Dam.

     (3) Effective April 1, 2002 until further notice, it is lawful to possess adipose fin clipped spring chinook in those waters on the mainstem Columbia from the I-5 Bridge to Buoy 10. Daily limit is six chinook salmon no more than two of which may be adults and all must be adipose fin clipped, minimum size 12 inches in length.

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