WSR 04-22-064

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 04-294 -- Filed October 29, 2004, 4:09 p.m. , effective October 29, 2004 ]


Purpose: Amend personal use fishing rules.

Citation of Existing Rules Affected by this Order: 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: Dual filing of the base of the permanent rule created unanticipated conflicts. These amendments restore the rule to the version of the permanent rule adopted by the Fish and Wildlife Commission on July 26, 2004. The permanent rule is being amended to correct the errors caused by the dual filing.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: October 29, 2004.

Philip Anderson

for Jeff Koenings

Director


NEW SECTION
WAC 232-28-61900X   Exceptions to statewide rules.   Effective immediately until further notice, the following provisions modify those provisions of WAC 232-28-619, but only for the sections of rivers identified in this rule. All other permanent provisions of WAC 232-28-619 remain in effect::

Chehalis River: Immediately through November 30, downstream from Porter Bridge the daily limit may not contain more than 1 adult chinook salmon.

Columbia River - Buoy 10 line to Rocky Point - Tongue Point line, release sturgeon through December 31.

Green River (Cowlitz County) - Immediately through November 30, salmon: daily limit 6 fish of which no more than 2 may be adult salmon. Release chum, chinook and wild coho.

Green River (King County) - Mouth to Tacoma Headworks Dam - Nonbuoyant lure restriction and night closure through November 30. Salmon: Mouth to Auburn-Black Diamond Road Bridge - Daily limit 6 fish of which not more than 3 may be adult salmon through December 31. Release chinook.

Hoquiam River, East Fork - Mouth to mouth of Berryman Creek - Salmon open through November 30.

Johns River: Ballon Creek upstream including forks: Closed through November 30. Open December 1 until further notice. Trout: Minimum length 14 inches.

Newaukum River, including South Fork - Night closure and single point barbless hooks immediately through November 30, and salmon open immediately until further notice mouth to Leonard Road, daily limit 6 fish or which no more than 2 may be adult salmon. Release adult wild coho December 1 until further notice.

Nooksack River - Salmon: Open immediately through December 31 in main stem from the FFA barn to the confluence of the North and South Forks, and North Fork from mouth to Maple Creek. Daily limit 2 salmon except release wild coho, release wild chinook from mouth to FFA barn, and release chinook from FFA barn to forks and in North Fork.

Puyallup River: Immediately through December 31, release adult wild chinook from mouth to Carbon River.

Skykomish River - Mouth to forks, immediately through December 31, daily limit 2 salmon. Release chinook and pink salmon.

Snohomish River - Immediately through December 31, daily limit 2 salmon. Release chinook and pink salmon.

Stillaguamish River - Mouth to forks, immediately though December 31, salmon: Daily limit 2 fish. Release chinook and pink salmon.

Toutle River - Immediately through November 30, mouth to forks and North Fork from mouth to posted deadline below fish collection facility, salmon: Daily limit 6 fish not more than 2 of which may be adult salmon. Release chum and wild coho. Release chinook in North Fork upstream from Kidd Valley Bridge.

Washougal River - Immediately until further notice, salmon: daily limit 6 fish, not more than 2 of which may be adult salmon. Release chum and wild coho. Through November 30, release chinook upstream of Little Washougal River.

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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.

Legislature Code Reviser 

Register

Washington State Code Reviser's Office