WSR 02-08-004

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 02-62 -- Filed March 21, 2002, 3:38 p.m. , effective April 1, 2002, 12:01 a.m. ]

Date of Adoption: March 21, 2002.

Purpose: Personal use fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-61900B; 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: The 2001/2002 Chehalis River system wild winter steelhead run (all tributaries combined) is forecasted to be well above escapement needs. The fishing seasons are being extended on the Wynoochee River and the mainstem Chehalis River (upstream of the mouth of the Satsop River) to allow increased catch-and-release opportunity on this year's returning wild run. However, the wild fish return to the Satsop River is predicted to be below escapement needs. Therefore, to avoid impacts to this stock, the Satsop River season will not be extended nor will the Chehalis River mainstem below Fuller Bridge. The harvest of hatchery steelhead will continue to be allowed. Hatchery steelhead are identified by a missing adipose or ventral fin and a healed scar in the location of the missing fin. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: April 1, 2002, 12:01 a.m.

March 21, 2002

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 232-28-61900B   Exceptions to statewide rules -- Chehalis River and Wynoochee River   Notwithstanding the provisions of WAC 232-28-619, 12:01 a.m. effective April 1, 2002 the following regulation applies:


Chehalis River: Effective April 16 through April 30, 2002, it is lawful to fish for gamefish in those waters of the Chehalis River from Fuller Bridge (above the mouth of the Satsop River) to High Bridge on Weyerhauser 1000 line approximately 400 yards downstream of Roger Creek. Wild steelhead release in effect.

Wynoochee River: Effective April 1 through April 15, 2002, it is lawful to fish for gamefish in those waters of the Wynoochee River from mouth to 7400 Line Bridge above mouth of Schafer Creek. Wild steelhead release in effect.

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REPEALER


The following section of the Washington Administrative Code is repealed effective 12:01 a.m. May 1, 2002:


WAC 232-28-61900B Exceptions to statewide rules -- Chehalis River and Wynoochee River

Washington State Code Reviser's Office