WSR 04-16-069

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 04-190 -- Filed July 30, 2004, 1:39 p.m. , effective August 1, 2004, 12:01 a.m. ]


Purpose: Amend personal use rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-61900D; 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: These emergency rules are necessary to comply with agreed-to management plans, and 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 30, 2004.

Evan Jacoby

for Jeff Koenings

Director


NEW SECTION
WAC 232-28-61900H   Exceptions to statewide rules -- 2004 North of Falcon   Notwithstanding the provisions of WAC 232-28-619, effective 12:01 a.m. August 1, 2004 until further notice, it is unlawful to violate the following provisions:

(1) Columbia River

From a true north and south line (magnetic 338 degrees N) through Buoy 10 upstream to Rocky Point/Tongue Point line (Buoy 10) -

(a) Open August 1 until further notice. Daily limit of 2 salmon, of which no more than 1 may be a chinook. Coho minimum size is 16 inches in length. Chinook minimum size is 24 inches in length. Release sockeye, chum and wild coho

From Rocky Point/Tongue Point line upstream to Bonneville Dam -

(b) Open August 1 until further notice. Daily limit of 6 salmon. No more than 2 adults of which no more than 1 may be an adult chinook. Minimum size 12 inches in length. Release chum and wild coho. Sockeye may be kept immediately through September 30.

From Bonneville Dam to Hwy. 395 Bridge at Pasco -

(c) Open August 1 until further notice. Daily limit of 6 salmon, of which no more than 2 may be adults. Sockeye may be retained as part of the salmon daily limit through September 30. Minimum size is 12 inches in length.

From Hwy 395 Bridge at Pasco to Priest Rapids Dam -

(d) Open August 16 until further notice. Daily limit 6 salmon, of which no more than two may be adults. Minimum size 12 inches in length.

From Priest Rapids Dam to Wells Dam -

(d) Open immediately through October 15. Daily limit of 6 salmon, no more than 2 adults. Release coho. Minimum size 12 inches in length.

From Wells Dam to Chief Joseph Dam -

(e) Open immediately through October 15, from Highway 173 bridge at Brewster to Highway 17 bridge at Bridgeport. Daily limit of 6 salmon, no more than 2 adults. Release coho. Minimum size 12 inches in length.

(2) Cowlitz River (Cowlitz/Lewis Co.)

From boundary markers at mouth to Mayfield Dam -

(a) Open August 1 until further notice. Daily limit of 6 salmon, no more than 2 adults. Minimum size 12 inches in length. Release chum and wild coho.

(3) Green River (Cowlitz Co.)

From mouth to 2800 Road Bridge -

(a) Open August 1 until further notice. Daily limit of 6 salmon, no more than 2 adults. Minimum size 12 inches in length. Release chum and wild coho.

(4) Kalama River (Cowlitz Co.)

From boundary markers at the mouth to 1000' below the fishway at the upper salmon hatchery -

(a) 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. Minimum size 12 inches in length. Waters from Modrow Bridge downstream to one thousand five hundred feet below the rack are closed waters.

(5) Lewis River (Clark Co.)

From boundary markers at mouth to mouth of east fork -

(a) Open August 1 until further notice. Minimum size 12 inches in length. Daily limit of 6 salmon, no more than 2 adults. Release chum and wild coho

(6) Lewis River, North Fork (Cowlitz Co.)

From mouth to Colvin Creek -

(a) Open August 1 until further notice. Daily limit of 6 salmon, no more than 2 adults. Minimum size 12 inches in length. Release chum and wild coho.

(7) Lewis River, North Fork (Cowlitz Co.)

From Colvin Creek to overhead powerlines below Merwin Dam -

(a) Open August 1 through September 30. Daily limit of 6 salmon, no more than 2 adults. Minimum size 12 inches in length. Release chum and wild coho.

(8) Okanogan River (Okanogan Co.) from mouth to highway 97 bridge immediately upstream of mouth -

(a) Open immediately through October 15. Daily limit of 6 salmon, no more than 2 adults. Release coho. Minimum size 12 inches in length.

(9) Toutle River (Cowlitz Co.)

From mouth to forks -

(a) Open August 1 until further notice. Daily limit of 6, salmon, no more than 2 adults. Minimum size 12 inches in length. Release chum and wild coho.

(10) Toutle River, North Fork (Cowlitz Co.)

From confluence to the posted deadline downstream of the fish collection facility -

(a) Open August 1 until further notice. Minimum size 12 inches in length. Daily limit of 6, salmon, no more than 2 adults. Release chum and wild coho.

(11) Washougal River

From the mouth to Salmon Falls Bridge -

(a) Open August 1 until further notice. Daily limit of 6 salmon, no more than 2 adults. Minimum size 12 inches in length. Release chum and wild coho.

[]

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 Administrative Code is repealed effective 12:01 a.m. August 1, 2004:


WAC 232-28-61900D Exceptions to statewide rules -- Columbia, Cowlitz, Kalama, Lewis and Okanogan rivers. (04-178)

Legislature Code Reviser 

Register

Washington State Code Reviser's Office