WSR 04-12-060

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 04-126 -- Filed May 28, 2004, 1:37 p.m. ]


Date of Adoption: May 28, 2004.

Purpose: Amend personal use fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-61900E; 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 "release wild chinook" restriction was inadvertently included in the "2004/2005 Sport Fishing Rules -- Fishing in Washington" pamphlet. The expected return of wild summer chinook above Priest Rapids Dam in 2004 is strong enough to allow some recreational harvest opportunity. Upper Columbia River summer chinook are not listed under the Endangered Species Act. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

May 28, 2004

Evan Jacoby

for Jeff Koenings

Director


NEW SECTION
WAC 232-28-61900M   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 immediately through June 15, daily limit 6 hatchery chinook jacks.

2. from Rocky Point -- Tongue Point line to 395 bridge at Pasco: Salmon: Open 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 395 bridge at Pasco upstream to Priest Rapids Dam: Salmon: Open June 16 through July 31, daily limit of six salmon of which no more than two may be adults. Minimum size is 12 inches in length. Release sockeye salmon.

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

5. from Wells Dam to Chief Joseph Dam: Salmon: Open 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 immediately 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 immediately 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 immediately 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 immediately until further notice, lawful to fish from a floating device.

2. Salmon: Open immediately 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 immediately 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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REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 232-28-61900E Exceptions to statewide rules -- 2004 North of Falcon. (04-97)

Legislature Code Reviser 

Register

Washington State Code Reviser's Office