WSR 04-08-005

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 04-54 -- Filed March 25, 2004, 8:26 a.m. , effective April 16, 2004, 12:01 a.m. ]

Date of Adoption: March 24, 2004.

Purpose: Amend personal use fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-61900R; 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 Yakama Nation and WDFW are forecasting a total return of 7,900 adult hatchery and 11,300 adult wild spring chinook to the Yakima River in 2004. Approximately 41% of the total run is predicted to be hatchery supplementation fish from the Yakima/Klickitat fisheries project research hatchery at Cle Elum and are available for sport harvest. State and tribal managers estimate that only 1,800 (9%) of the total run will be wild Naches River fish the weaker of the two wild stocks and not supplemented by hatchery production. Due to the weak run of Naches wild chinook expected this year, all wild fish will be protected from sport harvest. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 16, 2004, 12:01 a.m.

March 24, 2004

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 232-28-61900R   Exceptions to statewide rules -- Yakima River.   Notwithstanding the provisions of WAC 232-28-619, effective 12:01 a.m. April 16, 2004 through June 15, 2004, in those waters of the Yakima River from the SR 223 Bridge at Granger (river mile 83) to the painted "closed water" boundary line 3,500 feet downstream of Roza Dam (river mile 127.2):

(a) Daily limit of six hatchery chinook, no more than two adults. Minimum size is 12 inches in length.

(b) Night closure in effect for all species.

(c) One, single-pointed, barbless hook with a gap from point to shank of 3/4 inch or less required for all species.

(d) Closed to all fishing within 400 feet upstream of the Yakima Ave./Terrace Heights Road Bridge, including downstream of the Roza Wasteway No. 2 fish barrier rack.

[]


REPEALER

The following section of the Washington Administrative Code is repealed effective June 16, 2004:


WAC 232-28-61900R Exceptions to statewide rules--Yakima River.

Legislature Code Reviser 

Register

Washington State Code Reviser's Office