WSR 04-16-005

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 04-178 -- Filed July 22, 2004, 2:10 p.m. , effective July 24, 2004, 12:01 a.m. ]


Purpose: Amend personal use rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-61900Y; 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 expected run of sockeye is strong enough to allow some recreational harvest opportunity and remain within guidelines on nontarget species. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: July 21, 2004.

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 232-28-61900D   Exceptions to statewide rules -- Columbia, Cowlitz, Kalama, Lewis and Okanogan rivers.   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 Bonneville Dam: Salmon: Open immediately through September 30. Minimum size is 12 inches in length. Daily limit through July 31 is six salmon, no more than two adults and release wild chinook. Daily limit beginning August 1 is six salmon, no more than two adults of which no more than one may be a chinook and release chum and wild coho.

2. From Bonneville Dam upstream to the Highway 395 Bridge at Pasco. Salmon: Open immediately through September 30. Minimum size is 12 inches in length. Daily limit is six salmon, no more than two adults. Release wild chinook through July 31. Beginning August 1, release chum.

3. from Highway 395 bridge at Pasco upstream to Priest Rapids Dam: Salmon: Open immediately through July 31, and August 16 through September 30, daily limit of six salmon, no more than two adults. Minimum size is 12 inches in length.

4. from Priest Rapids Dam to Wells Dam: Salmon: Open immediately until further notice. Daily limit is six salmon, no more than 2 adults. Release coho. Minimum size 12 inches in length.

5. from Wells Dam to Chief Joseph Dam: Salmon: Open immediately until further notice, from Highway 173 bridge at Brewster to Highway 17 bridge at Bridgeport. Daily limit is six salmon, no more than 2 adults. Release coho. Minimum size 12 inches in length.

Cowlitz River (Cowlitz/Lewis County)

1. from boundary markers at mouth to Mayfield Dam: Salmon: Open immediately until further notice. Daily limit is six salmon, no more than 2 adults. Release wild coho, and chum. Release wild chinook through July 31. Minimum size 12 inches in length.

2. from posted PUD sign on Peters Road to mouth of Ohanepecosh River and mouth of Muddy Fork: Salmon: Open immediately until further notice. Daily limit is six salmon, no more than 2 adults. Release wild coho. Release wild chinook through July 31. Minimum size 12 inches in length.

Kalama River (Cowlitz County), from mouth upstream to one thousand feet below fishway at upper salmon hatchery: Salmon: Open immediately until further notice except during the period the temporary fish rack is installed. Daily limit is six salmon, no more than 2 adults. Release wild coho and chum. Release wild chinook through July 31. Minimum size 12 inches in length. 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.

Okanogan River (Okanogan Co.) from mouth to highway 97 bridge immediately upstream of mouth: Salmon: Open immediately through October 15 daily limit 6 fish, of which no more than 2 may be adults. Release coho. Minimum size 12 inches in length.

[]

Reviser's note: The typographical 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.
REPEALER

The following section of the Washington Administration Code is repealed effective 12:01 a.m. July 24, 2004:


WAC 232-28-61900Y Exceptions to statewide rules - 2004 North of Falcon. (04-160)

Legislature Code Reviser 

Register

Washington State Code Reviser's Office