WSR 03-16-057

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 03-173 -- Filed July 31, 2003, 4:21 p.m. , effective August 1, 2003 ]

     Date of Adoption: July 31, 2003.

     Purpose: Amend personal use rules.

     Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-61900T; 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: Hatchery summer run steelhead returns to the Cowlitz and North Fork Lewis rivers have been strong. Through July 21, a total of 887 fish had returned to Cowlitz Salmon Hatchery. Last week, creel sampling showed excellent fishing with boat anglers averaging nearly 3/4 hatchery steelhead per rod. At Merwin Dam on the North Fork Lewis River, over 5,000 steelhead had been counted through July 23. The hatchery escapement goals on both rivers are expected to be met. 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: August 1, 2003.

July 31, 2003

Evan Jacoby

for Jeff Koenings

Director


NEW SECTION
WAC 232-28-61900T   Exceptions to statewide rules -- Cowlitz River, North Fork Lewis River.   Notwithstanding the provisions of WAC 232-28-619:

     (1) Cowlitz River (Cowlitz County)

     Effective August 1 through October 31, 2003, up to three hatchery steelhead may be retained as part of the trout daily limit in those waters of the Cowlitz River from the highway 4 Bridge at Kelso upstream to 400 feet or posted markers below the barrier dam.

     (2) North Fork Lewis River (Clark County)

     (a) Effective August 1 through October 31, 2003, up to three hatchery steelhead may be retained as part of the trout daily limit in those waters downstream of Colvin Creek.

     (b) Effective August 1 through September 30, 2003, up to three hatchery steelhead may be retained as part of the trout daily limit in those waters upstream of Colvin Creek.

[]


REPEALER


     The following section of the Washington Administrative Code is repealed effective 12:01 a.m. November 1, 2003:


WAC 232-28-61900T Exceptions to statewide rules -- Cowlitz River, North Fork Lewis River.

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