WSR 04-17-137

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 04-222 -- Filed August 18, 2004, 9:30 a.m. , effective August 19, 2004 ]


Purpose: Amend personal use fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-61900L; 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 upper Columbia River summer chinook and sockeye returns in 2004 are very strong with 25,000 and 75,000 fish passing Wells Dam, to date. Escapement exceeds hatchery broodstock and wild broodstock spawning needs. The stocks are stable, not listed under ESA and the expanded fishery has been deemed by NMFS not likely to have a negative impact on ESA-listed Okanogan basin steelhead. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: August 17, 2004.

J. P. Koenings

Director


NEW SECTION
WAC 232-28-61900L   Exceptions to statewide rules -- Okanogan and Similkameen rivers.   Notwithstanding the provisions of WAC 232-28-619, effective August 19 through September 19, 2004, it is lawful to fish in the following waters:

(1) Okanogan River (Okanogan Co.) Those waters from the Highway 20 bridge in Okanogan to the railroad trestle (bridge) downstream of the Lake Osoyoos Control Dam in Oroville. Daily limit of six salmon, no more than two adults. Release wild coho. Night closure and non-buoyant lure restriction in effect. Statewide gamefish rules are in effect, except release all trout.

(2) Similkameen River (Okanogan Co.) Those waters from the confluence with the Okanogan River upstream to the county road bridge in Oroville. Daily limit of six salmon, no more than two adults. Release wild coho. Night closure and non-buoyant lure restriction in effect. Release all fish except salmon.

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REPEALER


The following section of the Washington Administrative Code is repealed September 19, 2004, one hour after official sunset:


WAC 232-28-61900L Exceptions to statewide rules -- Okanogan and Similkameen rivers.

Legislature Code Reviser 

Register

Washington State Code Reviser's Office