WSR 09-06-058

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 09-24 -- Filed February 27, 2009, 10:31 a.m. , effective March 1, 2009 ]


Effective Date of Rule: March 1, 2009.

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: Slightly over seven hundred hatchery adult spring chinook are forecasted to return to the Kalama River this year. Six hundred fish must escape past the sport fishery to meet the hatchery brood stock goal. Slightly over 2,000 hatchery adult spring chinook are forecasted to return to the Lewis River this year. A total of 1,350 fish must escape past the sport fishery to meet the hatchery brood stock goal. The expected remaining harvestable hatchery surplus is too small to support full sport fisheries. The sport fisheries and hatchery returns will be closely monitored in-season and any further adjustments to the sport fishery may be made later this season. There is insufficient time to adopt 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: February 27, 2009.

Philip Anderson

Director


NEW SECTION
WAC 232-28-61900B   Exceptions to statewide rules -- Kalama and Lewis rivers.   Notwithstanding the provisions of WAC 232-28-619, effective March 1, 2009, until further notice, it is unlawful to violate the following provisions:

(1) Kalama River - In those waters from boundary markers at the mouth upstream to 1,000 feet below the fishway at the upper salmon hatchery, daily limit of six Chinook salmon, of which no more than one may be an adult; minimum size 12 inches, and release wild Chinook.

(a) Electric motors are allowed on those waters upstream from the Modrow Bridge.

(2) Lewis River - In those waters from the mouth to the mouth of the East Fork, and waters of the North Fork Lewis River from the mouth to the overhead powerlines below Merwin Dam, daily limit of six Chinook salmon, of which no more than one may be an adult; minimum size 12 inches, and release wild Chinook.

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Washington State Code Reviser's Office