WSR 07-11-026

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 07-78 -- Filed May 4, 2007, 1:21 p.m. , effective May 5, 2007 ]


Effective Date of Rule: May 5, 2007.

Purpose: Amend personal use rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-61900R and 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: In-season monitoring shows the spring chinook return to Wind River is likely larger than originally forecasted. Only 2,100 adult spring chinook were expected to return in 2007. Using passive integrated transponder (PIT) tag recovery data from returning adult chinook at Bonneville Dam, twice as many fish may be headed back to the Wind. Already, nearly 100 fish have been counted at the Shipherd Falls trap and the first fish of the season had returned to the hatchery. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 2.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: May 4, 2007.

J. P. Koenings

Director


NEW SECTION
WAC 232-28-61900E   Exceptions to statewide rules -- Wind River (Skamania Co.)   Notwithstanding the provisions of WAC 232-28-619, effective May 5, 2007, through June 30, 2007, it is lawful to fish for salmonids in those waters of the Wind River from boundary line/markers to 400 feet below Shipherd Falls, 100 feet above Shipherd Falls to 400 feet below the coffer dam, and 100 feet above the coffer dam to boundary markers approximately 800 yards downstream from Carson National Fish Hatchery. Daily limit of two chinook salmon greater than 12 inches in length or two hatchery steelhead greater than 20 inches in length or a combination of one such salmon and one such steelhead. Release all wild chinook downstream of Shipherd falls. Night closure and non-buoyant lure restrictions in effect. Only fish hooked inside the mouth may be retained.

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REPEALER


The following section of the Washington Administrative Code is repealed effective May 5, 2007:


WAC 232-28-61900R Exceptions to statewide rules -- Wind River (Skamania Co.) (07-33)

The following section of the Washington Administrative Code is repealed effective July 1, 2007:


WAC 232-28-61900E Exceptions to statewide rules -- Wind River (Skamania Co.)

Washington State Code Reviser's Office