WSR 03-11-082

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 03-103 -- Filed May 20, 2003, 4:01 p.m. , effective May 23, 2003, 12:01 a.m. ]

Date of Adoption: May 20, 2003.

Purpose: Amend personal use fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-61900C; 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: Spring chinook returns to Carson National Fish Hatchery have been strong. To date, 446 fish have returned. The hatchery escapement goal is 1,200 fish. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: May 23, 2003, 12:01 a.m.

May 20, 2003

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 232-28-61900E   Exceptions to statewide rules -- 2003 North of Falcon.   Notwithstanding the provisions of WAC 232-28-619, effective 12:01 a.m. May 23, 2003 until further notice, it is unlawful to violate the following provisions, provided that unless otherwise amended all permanent rules remain in effect:

(1) Columbia River:

(a) Buoy 10 line to Rocky Point-Tongue Point line:

(i) Effective immediately through July 31, closed to salmon fishing.

(ii) Effective August 1 through August 15, open for salmon fishing with a daily limit of two salmon, no more than one chinook. Chinook minimum size 24 inches, coho minimum size 16 inches. Release sockeye, chum and wild coho.

(iii) Effective August 16 until further notice, open for salmon fishing with a daily limit of three salmon, no more than one chinook. Chinook minimum size 24 inches, coho minimum size 16 inches. Release sockeye, chum and wild coho.

(b) Rocky Point-Tongue Point line to I-5 Bridge:

(i) Effective immediately through July 31, open for salmon fishing with a daily limit of six chinook jacks only. Release wild chinook.

(ii) Effective August 1 until further notice, open for salmon fishing with a daily limit of six salmon, no more than two adults, release sockeye, chum and wild coho.

(c) I-5 Bridge to Bonneville Dam:

(i) Effective immediately through June 15, closed to salmon fishing.

(ii) Effective June 16 through July 31, open for salmon fishing with a daily limit of six chinook jacks only. Release wild chinook.

(iii) Effective August 1 until further notice, open for salmon fishing with a daily limit of six salmon, no more than two adults. Release sockeye, chum and wild coho.

(d) Bonneville Dam to The Dalles Dam:

(i) Effective immediately through June 15, closed to salmon fishing.

(ii) Effective June 16 through July 31, open for salmon fishing with a daily limit of six chinook jacks only. Release wild chinook.

(iii) Effective August 1 until further notice, open for salmon fishing with a daily limit of six salmon, no more than two adults. Release sockeye and chum.

(iv) Effective August 1 until further notice, all species, night closure and non-buoyant lure restriction.

(d) The Dalles Dam to McNary Dam:

(i) Effective immediately through June 15, closed to salmon fishing.

(ii) Effective June 16 through July 31, open for salmon fishing with a daily limit of six chinook jacks only. Release wild chinook.

(iii) Effective August 1 until further notice, open for salmon fishing with a daily limit of six salmon, no more than two adults. Release sockeye and chum.

(e) McNary Dam to Highway 395 Bridge at Pasco.

(i) Effective immediately through June 15, closed to salmon fishing.

(ii) Effective June 16 through July 31, open for salmon fishing with a daily limit of six chinook jacks only. Release wild chinook.

(iii) Effective August 1 until further notice, open for salmon fishing with a daily limit of six salmon, no more than two adults. Release sockeye and chum.

(2) Cowlitz River (Lewis County): Boundary markers at mouth to 400 feet or posted deadline below Barrier Dam:

(a) Effective immediately through July 31, open for salmon fishing with a daily limit of six salmon, no more than two adults. Release wild chinook.

(b) Effective immediately through June 15, south bank of the Cowlitz River from Mill Creek upstream to the Barrier Dam closed to all fishing.

(c) Effective August 1 until further notice, open for salmon fishing with a daily limit of six salmon, no more than three adults, of which no more than two may be adult chinook. Release chum and wild coho.

(3) Green River (Cowlitz Co.): Mouth to 2800 Road Bridge:

(a) Effective immediately through May 31, open for steelhead fishing from mouth to 400 feet below water intake at upper end of the hatchery. Daily limit two hatchery steelhead only. Minimum size 20 inches.

(b) Effective immediately through May 31, open for salmon fishing from mouth to 400 feet below water intake at upper end of the hatchery. Daily limit six salmon, of which no more than two may be adults. Release wild chinook.

(c) Effective June 1 through July 31, open for salmon fishing, daily limit of six salmon, no more than two adults. Release wild chinook.

(d) Effective August 1 until further notice, open for salmon fishing, daily limit six salmon, no more than three adults, of which no more than two may be adult chinook. Release chum and wild coho.

(4) Klickitat River (Klickitat Co.):

(a) Mouth to Fisher Hill Bridge:

(i) Effective immediately through May 31, it is lawful to fish for salmonids - open only Mondays, Wednesdays, and Saturdays. Special daily limit of two chinook salmon with a minimum size of 12 inches, or two hatchery steelhead, with a minimum size of 20 inches, or a combination of one such salmon and one such steelhead.

(ii) Effective immediately through May 31, all species, night closure and non-buoyant lure restriction.

(ii) Effective June 1 until further notice, open for salmon fishing, daily limit of six salmon, no more than two adults.

(ii) Effective August 1 until further notice, non-buoyant lure restriction.

(b) From 400' upstream from #5 fishway to boundary markers below the Klickitat Salmon Hatchery:

(i) Effective June 1 through July 31, open for salmon fishing. Daily limit six jacks only.

(ii) Effective August 1 until further notice, open for salmon fishing, daily limit of six salmon, no more than two adults.

(5) Lewis River (Clark. Co.): Boundary markers at mouth to mouth of the East Fork:

(a) Effective immediately through July 31, open for salmon fishing, daily limit six, no more than two adults. Release wild chinook.

(b) Effective August 1 until further notice, open for salmon fishing, daily limit of six salmon, no more than three adults, of which no more than two may be adult chinook. Release chum and wild coho.

(6) Lewis River, North Fork (Cowlitz Co.): Mouth to overhead power lines below Merwin Dam:

(a) Effective immediately through July 31, open for salmon fishing, daily limit of six salmon, no more than two adults. Release wild chinook.

(b) Effective immediately until further notice, open for trout fishing, daily limit two. Release wild cutthroat. Minimum size 20 inches.

(c) Effective immediately until further notice, lawful to fish from a floating device in those waters from Johnson Creek upstream to Colvin Creek.

(d) Effective August 1 until further notice, open for salmon fishing, daily limit of six salmon, no more than three adults, of which no more than two may be adult chinook. Release chum and wild coho.

(e) Effective immediately until further notice, upstream of Johnson Creek, all species, night closure and non-buoyant lure restriction.

(7) Toutle River (Cowlitz Co.): Mouth to forks: Effective August 1 until further notice, open for salmon fishing, daily limit of six salmon, no more than three adults, of which no more than two may be adult chinook. Release chum and wild coho.

(8) Toutle River, North Fork (Cowlitz Co.): Mouth to posted deadline below the fish collection facilities: Effective August 1 until further notice, open for salmon fishing, daily limit of six salmon, no more than three adults, of which no more than two may be adult chinook. Release chum and wild coho.

(9) Washougal River (Clark County): Mouth to Salmon Falls Bridge: Effective August 1 until further notice, open for salmon fishing, daily limit of six salmon, no more than three adults, of which no more than two may be adult chinook. Release chum and wild coho.

(10) Wind River (Skamania County):

(a) Mouth (boundary line markers) to 400 feet below Shipherd Falls:

(i) Effective immediately through June 30, open to fishing for salmon and steelhead. Special daily limit of four chinook salmon or hatchery steelhead, of which no more than two may be hatchery steelhead. Salmon minimum size is 12 inches, hatchery steelhead minimum size is 20 inches.

(ii) Effective August 1 until further notice, open for salmon fishing, daily limit of six salmon, no more than two adults. Release all chinook from the Burlington Northern Railroad Bridge to 400 feet below Shipherd Falls.

(iii) Effective immediately through June 30, all species, night closure and non-buoyant lure restriction.

(iv) Effective August 1 until further notice, all species, non-buoyant lure restriction.

(b) From four hundred feet below Shipherd falls upstream to one hundred feet above Shipherd Falls, effective immediately until further notice, closed waters.

(c) From 100 feet above Shipherd Falls to 800 yards below Carson National Fish Hatchery:

(i) Effective immediately until further notice, from 400 feet below the coffer dam upstream to 100 feet above the coffer dam: closed waters.

(ii) Notwithstanding the provisions of this section, effective immediately through June 30, open to fishing for salmon and steelhead. Special daily limit of four chinook salmon or hatchery steelhead, of which no more than two may be hatchery steelhead. Salmon minimum size is 12 inches, hatchery steelhead minimum size is 20 inches.

(iii) Effective immediately through June 30, all species, night closure and non-buoyant lure restriction.

[]

Reviser's note: The typographical errors in the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.
REPEALER


The following section of the Washington Administrative Code is repealed effective 12:01 a.m. May 23, 2003:


WAC 232-28-61900C Exceptions to statewide rules -- 2003 North of Falcon. (03-96)

Legislature Code Reviser 

Register

Washington State Code Reviser's Office