WSR 04-11-021

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Filed May 10, 2004, 4:57 p.m. , effective May 15, 2004, 12:01 a.m. ]

Date of Adoption: May 10, 2004.

Purpose: Amend personal use fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-61900H; 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: An abundant return of spring chinook salmon is forecast for the Columbia River during the year 2004. This abundance of fish will ensure that brood stock escapement goals are met at the Carson and Little White Salmon hatcheries. In addition and more specifically, approximately 10,000 spring chinook salmon are predicted to return to the Icicle River ensuring that the Leavenworth National Fish Hatchery will be able to collect the 1,000 - 1,200 fish needed for brood stock. The remaining salmon in the Icicle River will be available for harvest by both the Yakima [Yakama] Indian Nation and nontribal anglers. There is insufficient time to promulgate permanent regulations.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 15, 2004, 12:01 a.m.

May 10, 2004

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 232-28-61900H    Exceptions to statewide rules -- Icicle River (Chelan Co.)   Notwithstanding the provisions of WAC 232-28-619, effective May 15, 2004 through July 31, 2004 it is lawful to fish for salmon in those waters of the Icicle River from 500 feet downstream of the Leavenworth National Fish Hatchery Rack down river to a point 400 feet up-stream of the mouth of the Icicle River. Daily limit two salmon greater than 12 inches in length. Night closure and non-buoyant lure restrictions in effect.

[]


REPEALER


The following section of the Washington Administrative Code is repealed effective one hour after sunset on July 31, 2004:


WAC 232-28-61900H Exceptions to statewide rules -- Icicle River (Chelan Co.)

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