WSR 04-10-063

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 04-97 -- Filed April 30, 2004, 3:48 p.m. , effective May 1, 2004, 12:01 a.m. ]

     Date of Adoption: April 30, 2004.

     Purpose: Amend personal use fishing rules.

     Citation of Existing Rules Affected by this Order: 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: These emergency rules are necessary to comply with agreed-to management plans, and are interim until permanent rules take effect.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: May 1, 2004, 12:01 a.m.

April 30, 2004

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 232-28-61900E   Exceptions to statewide rules--2004 North of Falcon   Notwithstanding the provisions of WAC 232-28-619, it is unlawful to violate the following provisions:

     Columbia River

     1. from Rocky Point - Tongue Point line to I-5: Salmon: Open only May 16 through June 15, daily limit 6 hatchery chinook jacks.

     2. from Rocky Point - Tounge Point line to Priest Rapids Dam: Salmon: Open only June 16 through July 31, daily limit 6 fish, of which no more than 2 may be adults. Release wild Chinook, and Sockeye.

     3. from Priest Rapids Dam to Wells Dam: Salmon: Open only July 16 until further notice. Daily limit 6 fish, of which no more than 2 may be adults. Release Coho and Sockeye.

     4. from Wells Dam to Chief Joseph Dam: Salmon: Open only July 16 until further notice, from Highway 173 bridge at Brewster to Highway 17 bridge at Bridgeport. Daily limit 6 fish, of which no more than 2 may be adults. Release Coho and Sockeye.

     Cowlitz River (Cowlitz/Lewis County)

     1. from boundary markers at mouth to Mayfield Dam: Salmon: Open only May 1 until further notice, daily limit 6 fish, of which no more than 2 may be adults. Release wild Coho, and Chum. Release wild Chinook through July 31.

     2. from posted PUD sign on Peters Road to mouth of Ohanepecosh River and mouth of Muddy Fork: Salmon: Effective May 1 until further notice, salmon minimum size 12 inches.

     Kalama River (Cowlitz County), from mouth upstream to one thousand feet below fishway at upper salmon hatchery: Year-round season except during the period the temporary fish rack is installed. Waters from Modrow Bridge downstream to one thousand five hundred feet below the rack are closed waters.

     Lewis River (Clark. Co.), from boundary markers at mouth to mouth of the East Fork: Salmon: Open only May 1 until further notice, daily limit 6 fish, of which no more than 2 may be adults. Release wild Coho, and Chum. Release wild Chinook through July 31.

     Lewis River, North Fork (Cowlitz Co.) from mouth to Colvin Creek:

     1. All species: Effective May 1 until further notice, lawful to fish from a floating device.

     2. Salmon: Open only May 1 until further notice, daily limit 6 fish, of which no more than 2 may be adults. Release wild Coho, and Chum. Release wild Chinook through July 31.

     Lewis River, North Fork (Cowlitz Co.) from Colvin Creek to overhead powerlines below Merwin Dam: Salmon: Open only May 1 until further notice, daily limit 6 fish, of which no more than 2 may be adults. Release wild Coho, and Chum. Release wild Chinook through July 31.

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     Reviser's note: The spelling error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.

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